No Reinstatement If Gainfully Employed And Probation Is Not Confirmed: Karnataka High Court

Posted On - 20 October, 2023 • By - King Stubb & Kasiva

The Karnataka High Court has upheld that reinstatement is not applicable when a person is gainfully employed. The case involved a limited company manufacturing and selling diesel generators and an employee whose probation was extended several times. After the final extension, the employee did not secure alternate employment, and claimed wrongful termination, leading to a dispute taken to the Labour Court, which ruled in his favor. However, the High Court overturned the ruling, emphasizing that reinstatement was not warranted as the employee was gainfully employed elsewhere and his probation had not been confirmed.