A simple question raised in a practical perspective has , in fact, eventually assumed piquance and greater in-depth analysis by the responses from our learned members of the forum.
" PROBATION ", in the realm of employment is the pre-fixed period of service in the contract of employment during which the employee is given the opportunity to understand his role play and orient himself with the work culture of the organization. In other words, the very purpose of placing a newly appointed employee on probation is to try him during the probationary period to assess his suitability for the job only. Thus, the period of probation gives a sort of locus poneitentiae to the employer - i.e., the right to withdraw from the projected contract of employment before being finally bound - to observe the work, ability, efficiency, sincerity and competence of the probationer and if he is not found suitable for the post, the employer reserves his right to dispense with his services without anything more during or at the end of the prescribed period. This is the gist of the judgment of the Supreme Court in Ajeet Singh vs. State of Punjab [ 1983 (46) FLR 487 ].
Having found so, certain questions naturally arise as follows:
1) Whether a probationer can be discharged during the period of probation?
2)Whether a notice of discharge to the probationer on the ground of unsatisfactory performance is necessary?
3 )Whether an enquiry is necessary to discharge a probationer?
Regarding the first question the only answer is an emphatic " NO " based on the well settled law. Probation must see its duration and the employer has to wait till the end of it and can not do so in its midway though he is not satisfied with the performance of the probationer and the right to terminate on the ground of unsatisfactory performance,if any arises only on the expiry of the period of probation.. This is the ratio decidendi of the judgment of the Supreme Court in Express Newspapers Ltd., vs. Labor Court, Madras [ 1964 (1) LLJ 9 ]. However, this is not applicable to a case of premature curtailment of the period of probation on a/c of misconduct by the probationer where he is given an opportunity of explaining the charge against him. Coming to the case of termination during the period of extended probation, above restriction will not apply as the order of extension itself is an indication that the probationer's performance was not satisfactory during his initial tenure and he was expected to improve it during the extended period. Here, the employer need not wait till its expiry and can terminate the probationer's service pending the extended period as per the contract of employment so opined by Mr.Madhu.
As regards the second question, termination of the services of a probationer without any notice or assigning any reasons therefor as per the contract of employment is only a discharge simpliciter and certainly not a punitive simpliciter. In the case of Governing Council of Kidwai Memorial Institute of Oncology vs. Dr.Pandurang Godwalkar and Another [1993 (1) LLJ 308 ] the Supreme Court held that even under the general law, the services of the probationer can be terminated after making overall assessment of his performance during the period of probation and no notice is required to be given before termination of such service.
Coming to the third question, discharging a probationer for unsatisfactory performance by an order of simpliciter does not amount to punishment. A probationer's work report or performance appraisal is given by the person under whom the probationer is working. No enquiry is contemplated in respect of any observation made in the work report unless it is alleged to be with any malice. If the employer is not satisfied with the work of the probationer, his services can be terminated without any further enquiry or providing further opportunity to him.