Can We Terminate an Employee on Probation Without an Inquiry? Seeking Advice

Dear all,

We would like to terminate one of our employees who is still on probation. Can I terminate them without an inquiry because they are not a confirmed employee?

Thanks,
Manu

Yes, you can terminate a probationary employee after the date on which their probationary period is over due to unsatisfactory performance. I hope you understand what I mean.

Supreme Court Judgements on Probationary Employee Termination

- 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 the 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 upon the 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