1. Since the NY Co., does not have office in India, you will not be able to claim any legal relief /compensation, as per Indian Laws.

2.  Check the Contract thoroughly and see the compensation clause for unilateral termination of contract.

3. Depending on point no. 2, file a complaint before the US consulate, relating to your losses and breach of trust by the NY co., and request them to investigate and initiate appropriate action.

It is necessary to peruse terms of appointment letter 

2)the termination clause must be providing that in event of termination of services you should be paid 3 months salary or so 

3) litigation is long drawn and expensive proposition in India 

4) consult a local lawyer 

You can file case in district court in New Delhi 

you cannot file case with US consulate 

1. File physical copy (hard copy) of complaint alongwith all relevant documentary evidences etc....  The needful would be done by the US authorities, with feed back to you.

Check if there is any termination clause in the contract. A contract can be terminated as per termination clause. 

If no such clause you can sue your company and claim compensation. Since it has a branch office in India you can sue your employer/company here in India. 

Yes you can file case in Delhi itself as you are based in Delhi you have to send a legal notice to them in this regard before filing the case and if you receive the notice reply then you can approach to the high court and file your case against company for breach of contract under a specific performance of agreement

Where did the mail originate from? If it originated from US then too you should file a case for breach of contract against the company in India and the US subsidiary.

Case should be filed against the subsidiary company.

Dear querist,

You can file the case in new dekhi and at Us both.But, ultimately what remedy you are seeking from them is the determinant factor to determine the  jurisdiction of the Complaint. The remedy we can seek are either specific performance of the Contract and the Compensation as a consequent relief. Another remedy can be approaching the consumer forum and Other remedies also.

But, firstly we should prefer sending them a legal notice which might suffice our requirement.

You can contact me for sending them a legal notice and filing a case on your behalf.

regards,

Yuganshu Sharma

Advocate 

Delhi High Court

It will be in New York. In India you cant file case ago them

Since the company is situated in US, no case will be maintainable in India.

However you can issue a legal notice through your lawyer demanding your salary till the  end of the contract period from India itself and after that you may plan further legal course of action as per prevailing aw of that country. 

You may search for such things in the internet.

Instead you can engage the services of an attorney in US and then proceed legally on the suggestions received.

Need to peruse T&C of your appointment.  It contains "termination" clause, wherein it will be mentioned as "...…… months notice to be given by either side etc....." 

Thus, if you have such a clause in your appointment, you can raise your grievance.

In your case, it is better you hire services of local lawyer who can help you.

You can make a representation before consulate by giving company's details.  

You have to first and foremost issue a legal notice to the company for illegally terminating your services, give the company 7 days to reply if they do not, then file a case before Delhi high court seeking all your arrears, compensation and unpaid dues from the company in this petition.

There is no provision to file case before US consulate

Yes you can file case against them in court of New Delhi where you were working at time of termination.

From examining all the facts of your query I want to say that-

I can understand your problem in this regard. WestxEast main office address is 110 E. 25th Street, New York.

Please understand that under the Indian law it is well established principle that a party’s consent to submit itself to the jurisdiction of a court which does not have jurisdiction to try the case, cannot confer jurisdiction on such court. Consent can neither confer nor take away jurisdiction of a court. In the case of Bahrein Petroleum Co. Ltd. v. P.J. Pappu, Supreme Court of India has held that, “neither consent nor waiver nor acquiescence can confer jurisdiction upon a court, otherwise incompetent to try the suit. It is well-settled and needs no authority that 'where a court takes upon itself to exercise a jurisdiction it does not possess, its decision amounts to nothing.' A decree passed by a court having no jurisdiction is non-est (does not exist) and its validity can be set up whenever it is sought to be enforced as a foundation for a right, even at the stage of execution or in collateral proceedings. A decree passed by a court without jurisdiction is a coram non judice (not before a judge)”.

The definition of a Foreign Company according to the Companies Act, 2013 is provided in Section 2(42) which says: ―foreign company means any company or body corporate incorporated outside India which— (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in any other manner. It is also a common practice for foreign companies entering into contracts with Indian companies to stipulate that the agreement be governed by a foreign law and be enforceable in a foreign court. In the case of Rhodia Ltd. v. Neon Laboratories Ltd (2002), the Bombay High Court upheld the validity of a contract wherein the parties had expressly agreed that the disputes would be settled under English law in English courts. The court held that, even when the agreement was signed by some of the parties in France, a country to which none of the parties belonged, the parties would be governed by the law which they chose under the agreement. This is an exception to the Rule of cause of action and the Litigation will be carried out in the Country as agreed upon through an Agreement or any valid means of communication.

Where the defendant is outside India, but the cause of action arose within India against him, he may be served with the summons under the Indian Code of Civil Procedure, outside Indian Territory ex-juris. Order v rule 25 of the civil procedure code provides service of summons on defendant outside the territory of India. The rule is useful in the situations when the defendant has no agent in India to accept service on his behalf and he himself is residing outside Indian , in such situation rule 25 of the Civil Procedure Code provides for the service of summons ex-juris by the following methods for serving him outside the territory of India:-
1. Summons may be sent at the place of his residential address through post, where postal communication is effective between the place where the foreign defendant is residing and the place in which the High Court is situated, or,

2. They may be sent through courier service approve by the High court of state in India in which the suit is filled, or,

3. Summons may sent by fax message or by an Electronic mail service on the ID of the foreign defendant, or,

4. By any other means which may be approved by the concerned High Court by the rules made on this behalf.

Where the defendant resides out of India and has no agent in India empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him by post if there is postal communication between such place and the place where the Court is situate or by such courier service as may be approved by the High Court, by fax message or by Electronic Mail service or by any other means as may be provided by the rules made by the High Court.

You can also contact the embassy. An embassy helps to preserve and protect the relationship between the host country and the country represented by that particular embassy office. The embassy can be a point of contact, or base of communication, between two countries.

Initially you can send the legal notice to WestxEast through Advocate. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalizes bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases. Detailed discussion is required in such cases with complete facts. 

You may contact my secretary to connect with me for clarification. 

Gopal Verma,

Advocate-on-Record & Amicus Curiae,

Supreme Court of India

1. You are entitled to be paid the salary for the period for which you have worked. The company has to release the full and final settlement.

2. Serve a lawyer's notice first to the company and then a suit can be filed in the competent civil court for recovery of money.