No Deemed Confirmation Of Service Merely Because Services Of Probationer Are Continued Beyond Probationary Period: SC

https://www.livelaw.in/top-stories/d...ationer-147375
Judgement
https://www.livelaw.in/pdf_upload/pdf_upload-363435.pdf.
Clear decisions about deemed confirmation.
All HRs need to read this judgement for updation of professional knowledge.

This judgment refers to the specific case cited, contents will be quoted extensively in litigations for cases similar to this nature of circumstances. It also now call for proper provisions are included in the appointment orders issued before joining to indicate unambiguous terms such as " there is no automatic confirmation unless & until a specific order of confirmation, either during the probation period or extension(s), if any thereof, or upon completion of such periods. Mere completion of cited Probation period doesn't vests automatic confirmation of services. The employer reserve the right to discharge the probationer from the services, if so assessed & concluded if the performance of the probationer during the probation period including the extension(s) if any found to be not satisfactory."

@Nathuro, thanks for sharing this. Very useful.

This judgment is specific one. This case citation would be applicable to cases, where deemed confirmation clause is existing.

The readers may go through my article on 'Position regarding Discharge of Probationers' published in 2018 (157) FLR Journal section page 78