Can A Company Take A Legal Action Against A Candidate Who Is Being Absent And Have Not Taken Appointment Letter

Dear Mr.Swamy,
It is surprise to note that without completion of the joining formalities of the employee how could give him cos assets and without accepting the appointment terms and conditions, on what basis you are treating him as employee? It is some thing unbelievable This needs to be clarified.
After so much gap I am seeing the opinions given by (Cite Contribution) in this forum. Our friends (Cite Contribution) and other contributing members are given their opinion well which I agree too.
Adoni Suguresh
Labour Laws Consultant

Dear Swamy,

You have not mentioned whether you have done the Background check before an offer was made to him.

What is the document on which he was admitted on roll ?

Check whether in his Resume any references of prominent personalities were indicated. If yes use those ref. to track down him and find out whether reason given for leave is genuine. And what basis this sort of a long leave that too immediately after joining was granted, fix responsibility on them for dereliction. Is he still maintain/open his communication with the co. thru' the mobile provided by the co ?. It's likely it should have been switched of by now.

Did you obtain any service bond from him, most likely NO.

In the circumstances explained what you can do is to bar all incoming and outgoing calls of the co's mobile (if found necessary to avert misuse/abuse) and also lodge a police complaint. Presumably police may retort for lack of documentation such as apptt.letter and other communication with him, proof of co's assets left in his possession etc. Act fast to cut short thinking like this. Give update of what action you have initiated so far so that members will apply their mind on the next step possible & suggest.