A recent High Court judgement in India has protected an employee from unfair termination during their probation period. The employee, who was on a two-year probation with a possible one-year extension, was let go by their employer for supposedly unsatisfactory performance.

Background:

The employee contested the termination, arguing it was a basic dismissal without tarnishing their reputation (termination simpliciter). However, the termination order referenced a government order that detailed specific instances of misconduct by the employee.

Court Finds Termination Flawed:

The court determined that the termination was not a simple dismissal because it relied on the government order mentioning misconduct. The court pointed out that government regulations mandate an inquiry before termination if misconduct is alleged.

The judgement distinguished this case from a previous one where termination during probation due to poor performance, without mentioning misconduct, was upheld.

Conclusion:

The court dismissed the employer's petition to overturn the tribunal's decision, which reinstated the employee. The employee will be reinstated but must complete the remaining probation period, including the extended year.