See the company that is old employer can if there is any agreement can take action against there employee but there is no risk to your company . Further for securing your intrest you can take an undertaking from the employee.

Dear Sir

Though there are no specific provisions under the Indian labour laws barring dual employment except for Section 60 of the Factories Act, 1948, several High Courts have held that termination on the ground of dual employment is valid since dual employment reduces the efficiency of an employee

See sometimes reliving letter can take some time or the resignation letter acceptance but if employee.undertske that he is legally resigned and in due course he will file his letters then there won't issue against the company.

if employee resignation has been accepted and he has served the notice period you can employ the said  employee 

2)no case of dual employment is made out 

3) rather said employee should sue his ex employer to recover his 2 months salary 

you have to peruse appointment letter of said employee 

2) what was notice period mentioned 

3) has employee submitted his resignation 

4) has notice period been served 

5) if so there is no bar to his employment in another organisation 

Dear Cleint,

No such bar or legal complications to appoint any employee. Instead, employee is entitle to sue against the company for not releasing his/her payment and relieving documents. Go ahead.

Your company nothing to do with this matter. If required make him as consultant for that 2 months period and pay him consolidated wages, which is acceptable as law.

If employee have given notice as per notice period, he may join the new company. Before doing the same he may write another letter citing resignation / notice period letter to current organization.

No you are safe

1. The person has already tendered his resignation seeking release from the Company on a particular date.

2. The Company has no right to retain him against his wishes and refuse to accept his resignation letter.

3. So, you can employ him for which you will not be liable for in any way.

4. A good number of Companies arm twist their employees for staying with them bu refusing to issue release letter.

1.There is no law by which you being the present employer can be prosecuted for employing the person.

2. If that person has committed any irregularity with the said Company, then the Company should sue the employee and not you.

Without a proper relieving letter you cannot enrol a person on your employment rolls. Whether the employee faces a problem or not, you will certainly be enquired for not verifying the character and antecedents of the employee before confirming  about his  employment status while recruiting him.

The other company cannot sue you nor caniniti9ate any legal action against you on this because you are not responsible of the employee's fraudulent activities with that company.

However you may exercise abundant caution in all such further proceedings.

If there is any breach of contract then a company can sue another company but in your case ask the employee to file an application before the competent authority to recover his dues because when the employee concerned has genuinely gone with the terms and conditions of the contract then it is under unfair labour practice to hold the employee so go ahead. Ask the employee to drop final mail stating therein that after completing the contract as agreed you are not relieving me till date with ulterior motives by even not replying to my mail  hence it has been presumed that I have been relieved, pay my due legal dues as early as possible otherwise legal action I will initiate and responsibility will lie on your shoulder.