The court found that, after making a total appraisal of his performance, a report was submitted to the Board of Directors. The record also discloses that the Board of Directors held a meeting and in that meeting they not only considered the Performance Assessment Report but also perused the entire service record of the respondent, and thereafter took a conscious and considered decision of terminating his service due to unsatisfactory work.
The court found the termination valid.
2010 INSC 36, MANU/SC/0034/2010
Labour Law, Termination of Employment
None
Chaitanya Prakash and Ors. vs. H. Omkarappa (12.01.2010 - SC)
In this case, an employee was hired on probation, and his probation was repeatedly extended. But was terminated.
The court found that, after making a total appraisal of his performance, a report was submitted to the Board of Directors. The record also discloses that the Board of Directors held a meeting and in that meeting they not only considered the Performance Assessment Report but also perused the entire service record of the respondent, and thereafter took a conscious and considered decision of terminating his service due to unsatisfactory work.
Moreover, a number of communications were issued to the respondent bringing to his notice his dismal performance and unsatisfactory work with an advise to improve his performance.
The court found the termination valid.
Chaitanya Prakash and Ors. vs. H. Omkarappa (12.01.2010 - SC)
In this case, an employee was hired on probation, and his probation was repeatedly extended. But was terminated.
The court found that, after making a total appraisal of his performance, a report was submitted to the Board of Directors. The record also discloses that the Board of Directors held a meeting and in that meeting they not only considered the Performance Assessment Report but also perused the entire service record of the respondent, and thereafter took a conscious and considered decision of terminating his service due to unsatisfactory work.
Moreover, a number of communications were issued to the respondent bringing to his notice his dismal performance and unsatisfactory work with an advise to improve his performance.
The court found the termination valid.