Now that you have given the full details, let's start from the top.
*****Dear Sir, its the case of my son, after done graduation in BFA has done two years diploma in vfx 3d modelling, institute gave tel no. for placement, my son contacted to the 10x 10 feet company owner, owner of the company took some test, my son done these from home, after final take owner told my son come for final discussion my son went, salary fixed Rs 10000/-. owner of the company did not shown the company to my son and done conversation in a hotel. *****
The first mistake is that he agreed to join without knowing the details of the Comoany and understanding whether it suited his career plans. Working for a small company is not wrong by its self, but where it does not agree with the career plan, it's a bad decision. But it's done and now it's a part of your learning.
***** After that employer send unsigned appointment letter by his email without digitally sign. *****
Though the provisions of IT act says that a digitally signed document does not need a signature, an email sent with copy of the appointment letter is adequate and admissible as evidence of employment offer, unless ofcourse it is proved during forinsic audit that the mail was fake
*****My son joined the company in June last week, my son earlier thought that there should be other employee but he was alone. because my son was fresher and started the carrier he needs senior for his future growth but there was non except him and employer, on the very first day of his duty employer gave EMPLOYER AGREEMENT COPY and told him that read it and signed it, he signed it after light reading and employer gave a unsigned photocopy to him (no signature of employer). After two days I seen it from home, in it there are few points that my son can not work in the same field after resignation till two years and can not join in competitor company, *****
The terms in the appointment letter relating to not working in competitive field for any period of time is invalid and illegal and therefore not enforceable. This is specifically covered under contract act and numerous court cases. So you are not liable for anything. He can join a competitor the next day if he wishes.
**** I raised this issue on phone with the employer he told me that I will ask from his lawyer, but employer did not respond it. In employee agreement its clearly written that employer can terminate him in a week notice period, nothing written for employee, after a week service my son and I discussed that if there is no senior or other other staff to guide him, then there is no point to work there. So he give resignation via mail with immediate effect, not notice period served, after that employer respond it with bad intention that he can not accept resignation and service notice period of one month, told him to do some formalities. ******
In general practice, resigning without notice is a bad thing. He should have completed his work and handed it over. There may be work that is in the pipeline that was to be assigned to him. But if the appointment letter has a 2 week notice period, then only 2 weeks applies and not 1 month.
**** But my son not gone in employer studio, after a week period employer again respond that you did not correspond to him and he email to my son that my son has worked on some sensitive data and also shown some sensitive data to my son, either be present in office or I will take legal action, employer also contacted to my son institute that I will file case against my son because he theft his data, my son also clarified to institute that he has bad intention. *****
Just because he has seen some sensitive information does not mean he has to go and work there. However, you need to take -preemptive action. Find a sympathetic police officer through all contacts you have, and make a NC at the police station, that you are being harassed and threatened of false complaint by the employer.
****I also contacted to employer and discussed the matter he was threatening that either sign NDA (non disclosure agreement) or he will file the case against my son and no employer will touch him. I also agreed if nothing is objectionable in NDA my son will sign it. Till now I have not received NDA. Although nothing is mentioned in agreement about the employee resignation or notice period or NDA. If he insists notice period, he can take my son one week salary in lieu of. ****
There is no need to sign an NDA now. If it was not signed before, then you are under no obligation to do so now. In any case, normal rules of trade secrets and tort applies, so as long as your Son does not misuse the information he has, there is no problem. You need to go to the institute also and complain to them for sending your son to such a bad company.
If the employer does file a case, you will need to take the help of a lawyer to tackle the matter.
From fifteen days we are in big mental tourture created by him.
I put my case honestly, please suggest me if employer takes any legal action, how can I protect my son interest. I am in big worry he is going to start his carrier and finds such bad employer.