Ambrose J:

This is a claim for salary and allowances under a contract of employment and for damages for breach of contract and wrongful dismissal. The claim arises in these circumstances. On 28 May 1949 the plaintiff entered the service of the defendant in India as a clerk, having agreed to abide by the rules and regulations applicable to the defendant's employees. About nine months later, he applied for a transfer to an oversea branch, undertaking to adhere fully to the terms and conditions of oversea service. In due course the defendant decided to transfer him to its Singapore branch. The defendant had to obtain the permission of the Protector of Emigrants, Madras, for such transfer. On 22 May 1951 the defendant signed a form of application for such permission in triplicate, and the plaintiff also signed the form, expressing thereon his acceptance of the terms therein. On the same day both parties signed another form in triplicate below the words "Accepted the above terms." This form (which I will call the form of permission) was entitled

PROCEEDINGS OF THE PROTECTOR OF EMIGRANTS, MADRAS, PERMISSION TO ENGAGE, OR ASSIST TO EMIGRATE.

The next day the plaintiff presented to the Protector an unsealed envelope containing a letter from the defendant and both forms. The Protector granted the necessary permission subject to contain terms and conditions.

The plaintiff sailed from Madras on or about 26 May 1951 and arrived in Singapore on 4 June, and started work at the Singapore branch of the defendant shortly after. By a letter dated 10 January 1955 the defendant terminated the plaintiff's service with immediate effect for alleged gross misconduct and insubordination and sent him a pay order for a month's salary and allowances in lieu of a month's notice. This pay order was returned by the plaintiff.

In order to decide the issues in this suit, it is necessary, first, to examine the relevant provisions of Chapter IV of the Indian Emigration Act, 1922. Section 16(1) provides that whoever desires to engage any person to emigrate for the purpose of skilled work shall apply for the permission of the Central Government. Under s. 2(f) "skilled work" includes working as a clerk. Section 16(2)(b) provides that the terms of the agreement under which a person is to be engaged to emigrate for the purpose of skilled work shall be stated in the application for permission. Section 17 provides that the Central Government may, after such inquiry as it may deem necessary, grant the permission applied for on such terms and conditions as it thinks fit. Section 20 provides that the Central Government may by notification in the Official Gazette authorise a Protector of Emigrants to receive and dispose of applications made under Chapter IV. Section 18(1) provides that before the engaged person departs from India the person by whom he has been engaged shall appear in person or by his duly authorised agent before the Protector of Emigrants at the port of embarkation with the engaged person. Section 18(2) provides:

If it appears to the Protector of Emigrants -

(a) that permission to engage or assist such person has been duly obtained,

(b) in the case of an engagement, that the terms of the agreement under which such person has been engaged are in accordance with the terms of the permission granted and are understood by him, and

(c) that the conditions on which the permission was granted have been complied with,

he shall register in a book to be kept for the purpose such particulars concerning the person engaged and the person engaging him as the Central Government may prescribe.

It is necessary, next, to consider what the Protector actually did. On 23 May 1951 the Protector granted the necessary permission, stating in the first paragraph of the form of permission that it was subject to the terms and conditions agreed to by the defendant in its application and the further conditions set out in the form of permission. He then proceeded to i