Dear Rajesh,
You have written, "I want to warn him not to use the offer letter provided by the company, and if he does the same, legal action will be taken."
Ok. You wanted to take legal action. But under which provisions or act? Before sending the notice, you should be absolutely clear whether the recipient's actions with the offer letter violate any specific law or act. Secondly, if the individual bargains with another employer based on your offer, how will you be informed? Even if you discover his bargaining, he could still feign innocence. What means will you have to prove his deceit?
To avoid the predicament you are facing, some companies include a covenant in the offer letter stating that if the candidate fails to join, then he/she is required to pay ₹_______, failing which legal action will be pursued. The offer letter is signed by the employee in the presence of the future HOD.
Alternatively, some companies request the candidate to deposit their educational certificates. If the candidate fails to join, then the educational certificates remain with the company for around five years.
The remedies mentioned above are what I have heard from participants, but I have not personally implemented them. Therefore, before any implementation, seek proper legal advice from a practicing lawyer.
Thanks,
Dinesh Divekar