Although the general labour law for termination for person working on probation provides that any such person can be terminated with out giving notice and almost all Employment contracts in Pakistan contain the provision that a person on probation can be terminated during probation with out giving any reason, the same has now also been settled by the precedent of the Supreme Court of Pakistan.
The apex court has declared that a competent authority can terminate service of an employee during his or her probationary period even without conducting a regular inquiry.
When there is some sound reason in the mind of the competent authority that an employee who is serving in his or her probationary period is not suitable to be given permanent employment and his or her services need to be dispensed with then it matters not if the competent authority expresses such reason without conducting a regular inquiry,” said a five-page written order.
A three-judge bench, led by Justice Umar Ata Bandial, issued the order after hearing a petition filed by a civil judge, who was removed during her probation by the Sindh High Court (SHC) chief justice on account of concealment and omission of facts under rule 9 (2) of the Sindh Judicial Service Rules 1994.
