Lim Beng Choon J:

In the present case the plaintiff alleged that the defendant was in breach of a contract of employment.

From the evidence the following facts can be deduced. On or about June 1973 the Institute of Technology Mara ("ITM") was setting up a Branch Campus in Kota Kinabalu. The plaintiff applied to one Abdul Kadir bin Hassan ('DW1') who was in charge of the said Campus, for a post as warden and his application was accepted. The salary scale of the purported post of warden offered to the plaintiff was RM345 x 21 - 450/478 x 25- 578/615 x 25 - 715/738 x 25 - 813. I use the word "purported" to qualify the said post because at that time there was no such post of a warden. The plaintiff himself admitted in his evidence that the post of a warden was non-existing at the material time. Be that as it may the plaintiff commenced working as a "warden" on July 1973 in the Kota Kinabalu Campus. In his application (see Bundle D p. 1) the plaintiff claimed that he had a Sijil Pelajaran Malaysia and an Overseas School Certificate Pangkat Kedua. He also claimed to be in possession of a Certificate issued by the Fakultas Bahasa dan Sastra Universitas Nasional Indonesia showing