Act Regarding Probation Period.

Hi all,
Please let me know that if any employee has completed his/her probation period but company is not providing confirmation letter nor firing the person, and employment terms says that employee will stay in probation period only until company gives confirmation in written.
I got to read that Supreme Court/SC Judgement says that employee will be deemed as permanent employee if he/she has completed 240 working days in a company.
Company is registered under Punjab and Shop Establishment Act.
Kindly guide. People in my company have even completed 18 months but still company doesn't give confirmation neither fire them nor provide any leave also to them. They are working on ZERO PAID LEAVE since their joining. No CL/SL/EL is provided to them. As company has the policy to provide leaves to confirmed employees only.
Please help. Post the link if you have any regarding SC Judgement.

Hi Jyoti,
Did the employee complete the probation period as per the terms mentioned in the appointment / offer letter?
If so, the employee is deemed to be considered as confirmed and can have all the benefits of a permanent employee, irrespective of a written document.
This link might help: JUDICIARY : Deemed to have completed the prescribed period of probation - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements,Law Help, Indian Lawyers
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sree

Yes the employee has completed the probation period. But in employment agreement , company says that untill and unless you are given confirmation in written you will stay in probation period and employee has signed that as well. Please let me know that still employee has the right to be deemed as a confirmed employee.

Hi ,
If the employee has completed 240 days .it means he is deemed to
be confirmed . By just mentioning in employment agreement that he
is confirmed only after given in written will not stand correct .
If you want to extend his probation you need to give in writing
regarding the same saying that your probation period has been extended .
Regards
Rajeev Dixit