Probation Period: Rights and Duties of Employee (Part 1) - Meaning of Probation Period

Probation Period: Rights and Duties of Employee (Part 1)

Meaning of Probation Period

Generally speaking, the legal meaning of the word, probation is an act of proving or trial, test and time of novitiate (the period or state of being a novice). The honourable Supreme Court gave a proper definition for the expression “Probation Period” in the case of Governing Council of Kidwai Memorial Institute of Oncology, Bangalore v. Dr. Pandurang Godwalkar, [(1992) 4 SCC 719]. The apex court remarked –

“When an appointment is made on probation, it presupposes that the conduct, performance, ability and the capacity of the employee concerned have to be watched and examined during the period of probation. He is to be confirmed after the expiry of probation only when his service during the probation is found to be satisfactory and he is considered suitable for the post against which he has been appointed.”  

The court further remarked "Failure to complete the period of probation to the satisfaction of the competent the authority will render you liable to be discharged from service."

The honourable Supreme Court again diagnosed the legal meaning of “Probation Period” in Oil and Natural Gas Commission vs Dr. Mohd. S. Iskender Ali [1980 AIR 1242, 1980 SCR (3) 603], the court remarked –

“A temporary employee is appointed on probation for a particular period only in order to test whether his conduct is good and satisfactory so that he may be retained.”

In the case of Shamsher Singh v State of Punjab, the matter was considered in all its aspects by a Constitution Bench comprising seven Judges “Before a probationer is confirmed the authority concerned is under an obligation to consider whether the work of the probationer is satisfactory or whether he is suitable for the post.”

So, in a summarized form we can define a probation period in the following broad points:-

1.     A trial or testing period for a new employee.

2.     Employees on probation are temporary employees.

3.     Conduct, performance, ability and the capacity of the employee concerned have to be watched and examined during the period of probation.

4.     If conduct found satisfactory the employment is confirmed or else it is discharged.