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1938 MarsdenLR 274

TERREL, MCELWAINE, GORDON-SMITH
SELVADURAY – Appellant
Versus
CHINNIAH – Respondent


Advocates:
Shearn for Appellant.
Ramani (Sen with him) for Respondent.

JUDGMENTBY: TERRELL, AG CJ, MCELWAINE, CJ, GORDON-SMITH, J

TERRELL, AG CJ The plaintiff (respondent) was a ledger clerk employed by the defendant, and his claim is for the sum of $ 926 for wages alleged to be due to him for the period of his service. Before Raja Musa J. the plaintiff recovered judgment for the amount claimed, and the defendant has appealed.

The material portions of the plaint are as follows:--

"1. The plaintiff is a "Kanakka Pillay" (ledger clerk) and resides at

Kuala Selangor. The defendant is a money lender and also resides

at Kuala Selangor.

2. On or about the 12th of June 1935 the defendant engaged the

plaintiff as a kanakka pillay inter alia on the following

terms:--

(a) The plaintiff was to be provided with free board and

lodging and clothing; and

(b) a salary of $ 30 per month.

3. The plaintiff was to work at defendants Kuala Selangor office

and it was agreed that plaintiffs salary was to be kept by

defendant on deposit and paid to plaintiff when his services were

terminated".

These allegations are met by

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