Dear Manu,
Yes, you can terminate a probationary employee after the date on which his probationary period is going to be over for his unsatisfactory performance. I hope you can understand what I want to say.
Supreme Court Judgements on this issue are as follows:
- Reinstatement of a driver for unsatisfactory work during probation would be unjustified. (Chhata Sugar Company Ltd. vs Presiding Officer, Labour Court, Agra and Another. 2005 LLR 613 (Allahabad))
- A probationer who completed 240 days cannot be terminated without complying with sec. 25F of I.D. Act. (Surya Prakash vs Management and Others. 2005 LLR 686 (Delhi))
- A probationer has no lien on the job and cannot claim permanency on expiry of the period. (The National Small Industries Corporation Ltd., and Two others Vs. M. Narayanan. 2005 LLR 967 (Kerala))
Enclosed, please find another judgement on this matter that may help you.
Regards,
Jawed Alam