2016 (6) ADR 27 ::(2016) 233 DLT 536 ::(2016) 151 FacLR 744 ::(2017) 1 ServLR 624

Delhi High Court

Hon'ble Judge(s): Sanjiv Khanna, Sunita Gupta , JJ

(A) Industrial Disputes Act (14 of 1947) S. 25 -F, 2(oo) — Retrenchment of probationer — Termination of service of a probationer in terms of the stipulation contained in the contract of employment does not tantamount to ' retrenchment' ? within the meaning of Section 2(oo) — S 25-F of the Act is not attracted in view of Section 2(oo) (bb) of the Act — Further, plea that after expiry of period of probation for a period of one year, petitioner got the status of a confirmed employee — Also not tenable in absence of any such term in appointment letter — Termination of services of probationer in view of his ' unsatisfactory performance— in terms of clause in appointment letter, proper (Paras 14, 15, 17)