In Mrs. Aradhna Goel v. Balwantray Mehta Vidya Bhawan & Anr., the Hon'ble Delhi High Court held that termination of employment of Petitioner was during probationary period, and dehors any other aspect which is in issue, it is settled law that it is employer who has to judge suitability of services of a probationer and this Court cannot substitute its decision for that of the employer, and if employer for any reason does not find probationer to be suitable for services, such services of a probationer can be terminated in accordance with the appointment letter. Appointment letter dated 15th July, 2006 entitled Respondent no.1/school to terminate services on giving one month’s notice/one month’s salary and which has been done by impugned letter dated 4th May, 2007.
In CIVIL APPEAL NO. 12238 OF 2018, Pioneer Urban Land & Infrastructure Ltd. vs Govindan Raghavan, an appeal was filed before the Supreme Court by the builder against the order of the National Consumer Forum. The builder had relied upon various clauses of the Apartment Buyer’s Agreement to refute the claim of the respondent but was rejected by the commission which found the said clauses as wholly one-sided, unfair and unreasonable, and could not be relied upon. The Supreme Court on perusal of the Apartment Buyer’s Agreement found stark incongruities between the remedies available to both the parties. For example, Clause 6.4 (ii) of the Agreement entitles the Appellant – Builder to charge Interest @18% p.a. on account of any delay in payment of installments from the Respondent – Flat Purchaser. Clause 6.4 (iii) of the Agreement entitles the Appellant – Builder to cancel the allotment and terminate the Agreement, if any installment remains in arrears for more than 30 da...
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