Hi Anonymous,
When an employee refuses to take the warning letter and sign it, the best course open to you is to send it to his last known address under RPAD. If he acknolwedges that letter, keep the acknowledgement as proof of having served the notice on him. Otherwise, the postal department will return the letter with specific reason, such, as for example, "addressee refused", "Adressee not found" "Addressee left" etc. This letter can be preserved and can be produced in any court of law as a proof of having served the notice to the employee, but he has not taken it for the reason mentioned in the letter by the postal authorities.
If the employee thinks that he is too smart, follow the above method and show to the court that you have done your part of the duty.
But before issuing this notice through post, it would be better to cousel the employee and try to cajole him to accept it. If this does not materialise, you can ask a friend of him, in whom he has a close relationship and in whom he believes, to advise him to take the notice. On refusal, the employees' friend signature can be taken and record the fact you have tried to bring him round through a friend and that effort also failed. Then arrange to send the notice through a RPAD.
M.J.SUBRAMANYAM, BANGALORE