26th December 2016 From India, Mumbai
As you have mentioned that :
1. He is not issued appointment letter.
2. He has completed joining formalities.
3. He has given form 11, declaring that no previous employment.
4. As per his resignation you have done his F & F settlement for 9 days.
With the above facts, you have uploaded ECR as new employee and generated UAN and only 9 days MC and CC will be paid to PF and if his salary above 15 K, no EPS will be deducted.
And after that you want to file suit against him for providing false information.
As per the others opinion, it's of no use to take action. and simply west of time and energy .
26th December 2016 From India, Pune
We just want to send a strong signal to everyone in the company. And we haven't done the F&F yet. We were about to do that, but before that we were about to deduct his PF amount and during this time it came up that he already had a UAN and after that we followed the trail and eventually came to know all about these.
So immediately we put his F&F on hold.
And now we want to take an action against him for lying, cheating or may be doing fraud with us.
Firstly he wrote to us that his Mother in law died and requested to postpone the joining date before joining us which is a lie.
Secondly he suppressed his immediate previous work experience. So suppression of fact is there.
Thirdly he gave false declaration in Form 11.
So there must be some clauses in IPC like cheating, or Fraud, or Breach of Trust using which we can sue him.
Coming to the question of what we are going to gain by doing this - The answer is - Seriously I don't know. I'm just following the orders of my line manager. I personally feel that instead doing all these we should concentrate on some other required things like recruiting somebody else in his position. But my line manager or the other people concerned think that we should punish him. So punishing him is the only intention that we have probably.
So I think we can take some legal and criminal actions against this person in question.
The problem is I think this will not send a positive vibration to the other employees working with us. I personally think if we do this this would be due to the vindictive nature of us. And no employee will feel secure. However I don't mean that every other existing employee will do this. But still this is going to have a far fetched impact upon the others working here.
I tried to convince my line manager with my limited understanding and resources, but couldn't do so.
So naturally we are going to make that person pay for whatever he has done.
But personally just wanted to know is this seriously possible? Can we really file a criminal case against him for whatever he has done?
26th December 2016 From India, Kolkata
Be practical and face ground realities,it's a very long process and harassment for both parties.That person has already left,now prudently no need to mess up in such matters.Although you should work upon your joining policies or SOPs so that it can never happen in near future in your organisation.Even though you are still want to indulge in litigation then register a FIR against him in nearby police station and also notify his present & past employers also.
27th December 2016 From India, Mohali