Legal Question in Legal Malpractice in India

Sub: Termination of Service

I was appointed as a Probationer for a period of two years. I have enjoyed all the benefits a permanent employee enjoys like Medi Claim, LTA, Bonus, Closing Allowances, Contribution towards P.F., L.I.C., Casual Leaves, Sick Leaves and Encashment Leave. After completion of 20 months the employer gave me a termination letter stating that your services are no more required from tomorrow. Can I get my job back if I appeal in the Labour Court? How many % chances are there if I file a case against my employer?

What are my strong point to fight back against my employer and what are my employers strong points aginst me?


Asked on 8/26/02, 6:57 am

1 Answer from Attorneys
Ramaswami Natarajan Ramaswami & Associates

Re: Sub: Termination of Service

I'm sorry to answer in the negative. A probationar does not enjoy the benefits of a confirmed employee and the services of the probationar can be terminated without a notice period normally. Please study your appointment order and see if they have given any notice period during the probation period. In that case you can agitate that you had not been given a notice but normally no notice period is provided for during probation.

Therefore you chances are zero unless there is a notice period for termination by the employer during the probation period in the appointment order. I'm somewhat confused why you put it in the legal malpractice Law category. This question should be put in the employment law category.

Best,

N. Ramaswami

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Answered on 8/26/02, 9:12 am


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