If an employee completes a stipulated probationary period in the company successfully, is he entitled to confirmation automatically? Certainly not, but such an employee would have a positive impression for the purpose of permanent appointment. The situation is tricky, and each and every case needs independent interpretation of a labour law advocate.
The Hon’ble Allahabad High Court in Mustafa Ansari vs. Kisan Gramin Bank & ors. has held that the power of confirmation of a probationer is in the hands of the confirming authority and such authority takes decisions on the basis of the performance of the probationer. Just because a probationer has completed the probationary period does not mean that he is fit for the service and should be made permanent. It is up on completion of the probationary period when the confirming authority gets the opportunity to judge the overall performance of the probationer and only after considering the performance of the probationer; his service is either confirmed or terminated. The Court held that termination of a probationer cannot be unjustified or illegal.
On the same line of action, the Hon’ble Gujrat High Court in Edwin A. Daniel vs. Labour Court has opined that completion of probationary period does not give right to confirmation. An order of confirmation is must before an employee is confirmed after the probationary period.
In the case of LIC vs. Ramapal Mandola, the Hon’ble Court held that the probationer, who has left his service soon after completion of probationary period, cannot claim himself to be a confirmed.
Hence, it can be concluded that a probationer does not become a permanent employee unless he is confirmed. However, non-confirming a probationer after completion of probationary period and making him continue to do the same work for a longer period of time without either confirming or terminating his service in order to deprive him of all the statutory benefits of a permanent employee would attract the provisions of unfair labour practice.