Chang Min Tat FJ

(delivering the judgment of the Court): Dr. A. Dutt was a radiology consultant and was employed by the Assunta Hospital under a contract. He was also a non-citizen and his holding the appointment was dependent on his stay in the country for which a visit pass was necessary and the issue of a work permit from the Department of Immigration.

On February 29, 1976, he was given the contractual 3 months' notice of termination, but at the same time he was offered a new contract on somewhat reduced terms. He refused the new offer and the Hospital regarded his contract as terminated. Dr. Dutt took another view. He considered that he had been dismissed without just cause and excuse and he made representations to the Director-General of the Ministry of Labour and Manpower to be reinstated in his former employment under the relevant provisions of the Industrial Relations Act, 1967, (the Act). In due course of time, after reconciliation failed, the Minister referred the representations to the Industrial Court for an award. The reference was registered as Industrial Court Case No. 83 of 1976.

The reference was not greatly to the liking of the hospital. Despite the failure of its