A 2-P settlement was made due to initiation of the Court and a written settlement was executed and submitted to the Court containing terms that the applicant-workman will be given fresh appointment and he will be initially on probation of 6 months and on completion of probation period, if his services are found satisfactory, he will be confirmed as permanent employee in the Company. The court passed order on basis of the settlement. The Company is doing agency work. Now, the employee did grave misconducts during 6 months of probation for which he gave written apology. The Management terminated his services on completion of 6 months of probationary appointment without any allegation or charges. The applicant-workman challenged his termination. The Labour Court raised query whether a term of 6 months of probation period contained in settlement before the court supersede the clause of probation of 3 months in the Model Standing Orders (Gujarat Rules)? Seniors, please guide me on this law and technical point along with giving reference of citations, if any. Thanks
From India, Bhopal
4From India, Bhopal
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Non-compete clause in service contracts.pdf
Full n final settlement.doc