Abdul Malik Ishak J:

This was the respondent's application for summary judgment under O. 26A of the Subordinate Courts Rules 1980 ('SCR')against the appellant for the refund of a sum of RM126,000 being the sum paid by respondent to the Immigration Department on behalf and at the request of the appellant. The affidavit of the respondent that was affirmed on 13 March 1997 showed that only RM10,000 had been refunded leaving a sum of RM116,000 that was still due and owing. That application for summary judgment was heard by the Sessions Court (no: 2) ('trial court') Johor Bahru and the trial court granted the application in favour of the respondent. Being aggrieved, the appellant now appeals.

Within a short compass the facts may be stated thus. The appellant was desirous of recruiting 100 (one hundred) Bangladesh semi-skilled workers as production operators for their factory in Jalan Dato' Abdullah Tahir, Johor Bahru and for this purpose the appellant wrote a letter to an agent in Dhaka and that letter which was undated was worded thus:

SEDIPERAK SDN. BHD.

KILANG JOHOR BAHRU

14A, JALAN DATO ABDULLAH TAHIR,

80300 JOHOR BAHRU, MALAYSIA

TEL: 337746, 325727

Your Ref: Our Ref: Date:

HOQUE OVERSEAS LTD HOUSE NO. 41, ROAD NO. 17, BAMAMI, DHAKA - 1213

Dear Sir,

RE: LETTER OF DEMAND FOR BANGLADESH SEMI-SKILLED WORKERS.

We are pleased to inform you that we have decided to recruit the workers from Bangladesh for our factory on the basis of the approval (here no mention from where the approval came from). The terms and conditions of the recruitment and employment of the workers are as follows:

Category of workers : PRODUCTION OPERATORS (Semi-skilled)

Number of Workers : (100) workers.

TERMS & CONDITIONS

1. Salary & wages : RM400.00 per month.

2. Working Hours : 48 hours a week and 6 days a week.

3. Overtime : Based on company present rule.

4. Shift Allowance : Based on company present rule.

5. Attendance Allowance : Based on company present rule.

6. Food Allowance : Workers Own.

7. Lodging : Provided by the employer (free) with water and electricity

8. Medical/Insurance : Provided by the employer (free)

9. Levy : Advance by the employer and deductable

10. Security Bond PL(KS) : To be provided by the employer and not deductable

11. Air Fare : Inward flight passage to be borned by the employee from Dhaka to Malaysia.

Return flight passage to be borned by the employer upon completion of contract period.

12. Period of Contract : 2 years contract and renewable.

13. Other amenities : Bed, mattress and cooking utensils will be borned by the Employer (free).

All other terms and conditions will be as per the Company's rules and regulations and Malaysian Labour Laws.

Thanking You.

Yours faithfully,

Sgd (Illegible) SEDIPERAK SDN BHD.

Of course to realise their dream of recruiting the Bangladesh workers, the appellant wrote to the Home Affairs Ministry, foreign workers division, for the necessary approvals. In due course, the necessary approvals were granted and that was clearly conveyed in writing by letter dated 15 February 1996 from the Home Affairs Ministry. That letter was worded in perfect Bahasa Malaysia:

PASUKAN PETUGAS PEKERJA ASING, KEMENTERIAN DALAM NEGERI, ARAS 2, BLOK "K" (SELATAN), PUSAT BANDAR DAMANSARA, Tel: 03 - 2524652 50546 KUALA LUMPUR. Fax: 03 - 2524649

Ruj. Tuan:

Ruj. Kami: KDN/PPPA: (S)229/857 2-1350(3)

Tarikh: 15 Februari 1996

Pengurus, Sediperak Sdn. Bhd., No. 14-A, Jalan Dato Abdullah Tahir, 80300 Johor Bahru, JOHOR.

Tuan,

KELULUSAN PENGAMBILAN PEKERJA ASING

Saya merujuk kepada surat tuan bertarikh 31 Oktober 1995 mengenai perkara di atas dan memaklumkan bahawa permohonan syarikat tuan telah diluluskan dengan syarat-syarat seperti berikut:

(i) Jawatan : Penjahit

(ii) Bilangan diluluskan : 100 orang

(iii) Warganegara : Bangladesh

(iv) Tempuh membawa masuk : Dalam masa 4 bulan dari tarikh kelulusan ini

(v) Tempuh dibenarkan bekerja : 3 tahun/mengikut kontrak

(vi) Tempat tinggal pek