Ong CJ:

The appellant, a master cutter in the tailoring department of Gian Singh & Company, had been in the service of the respondent's late father and then the respondent for almost two score years, since 1926. He is now 68. He had two short spells of illness in 1960 and 1963 during which he was paid his full salary. On 12 June 1965 he suffered from angina pectoris and diabetes and was admitted into hospital. Except for short breaks he remained there till November 1965. After his discharge he went in December to see the respondent about resumption of his duties. As a result of what took place he continued to stay away from work until 23 February 1966 when he retired from the respondent's service by mutual consent. Prior thereto he had not been given any notice terminating his employment. He had not been paid any salary since 1 July 1965. A claim for retirement benefits being rejected by his former employer, the appellant issued a writ on 29 June 1966 claiming inter alia eight months' unpaid salary at $600 per month and compensation upon his retirement. His claim was dismissed by the Judge and he now appeals to this Court.

The decision of the learned trial Judge turn