Dear Yogita
Despite the clause in the contract that the employee will not join the competitor that clause is unenforceable as that hits the employee's fundamental right to earn him livelihood in a job which he can perform only in his related field. You cannot even prosecute him if there are some ideas that he has taken from the company. You can definitely take some action against him if it is proved that he has copied confidential data and is using it against your company to the benefit of the competitor. See Daljeet Titus case of the Delhi High Court. However that is cumbersome to prove and involves the police and the raid to gather evidence.
I suggest dont worry about the joining but be careful about the confidential information henceforth and try for some ways to protect them and not have the officers take them out of the office premises.
Despite the clause in the contract that the employee will not join the competitor that clause is unenforceable as that hits the employee's fundamental right to earn him livelihood in a job which he can perform only in his related field. You cannot even prosecute him if there are some ideas that he has taken from the company. You can definitely take some action against him if it is proved that he has copied confidential data and is using it against your company to the benefit of the competitor. See Daljeet Titus case of the Delhi High Court. However that is cumbersome to prove and involves the police and the raid to gather evidence.
I suggest dont worry about the joining but be careful about the confidential information henceforth and try for some ways to protect them and not have the officers take them out of the office premises.