JUDGMENT

Faiza Tamby Chik J:

The brief facts of the case are as follows: The applicant was a former employee of Harrisons Malaysian Plantations Berhad until his retirement from service on 31 December 1990. After his retirement from Harrisons Malaysian Plantations Berhad, the applicant was employed by Tan Chong Motors & Sons Sdn Bhd as a Public Relations Coordinator from 2 January 1991 to 30 September 1992. Whilst the applicant was employed with Harrisons Malaysian Plantations Berhad and Tan Chong Motors & Sons Sdn Bhd, the applicant held the position of Honorary General Secretary of the National Union of Commercial Workers from 23 January 1972 to 30 July 1992. Sometime in January or February 1993, the applicant was offered employment as Industrial Relations Manager of Cold Storage (M) Sdn Bhd at a salary of RM4,500 per month. At about the same time, the applicant was approached by the President and Honorary Secretary of the 1st respondent, to take up employment with the 1st respondent as its executive secretary at a salary of RM1,500 per month. The applicant chose to accept the offer of employment by the 1st respondent. By a letter dated 15 April 1993, the 1st respondent offered the applicant employment as its executive secretary with effect from 15 April 1993 for a period of one year at a salary of RM1,500 per month. Pursuant to the terms of the applicant's contract of employment, the applicant was entitled to a meal allowance of RM100 per month together with a contractual bonus of two months salary. The applicant was further informed that his terms and conditions of employment with the 1st respondent would be in line with the collective agreement between the 1st respondent and Resorts World Berhad together with any Industrial Court award governing the terms and conditions of employment. The duration of the applicant's employment with the 1st respondent was expressly stated as follows:

Duration of Employment

This appointment is for a period of one (1) year and subject to renewal at the discretion of the Resorts World Employees Union.

(See Exhibit "V1" attached to the Affidavit affirmed by the Applicant on 25th March 1999.)

It is observed that at the 1st respondent's council meeting held on 8 January 1994, without consulting the applicant, the 1st respondent resolved to extend the applicant's contract of employment for a further one year period from 15 April 1994 to 15 April 1995. The applicant was not given any letter by the 1st respondent confirming the extension of his contract of employment from 15 April 1994 to 15 April 1995 and the applicant continued working for the 1st respondent after his contract of employment expired on 15 April 1994. By a letter dated 23 April 1994, the applicant was informed by the 1st respondent that he was given an annual increment of RM140 and that his salary would be adjusted to RM1,650 per month. (See exh. "V2" attached to the affidavit affirmed by the applicant on 25 March 1999.) As the applicant's contract of employment was due to expire on 15 April 1995, the 1st respondent without consulting the applicant, informed the applicant videa letter dated 17 April 1995 that it had decided to renew the applicant's contract for a further year from 15 April 1995 to 15 April 1996. (See exh. "V3" attached to the applicant's affidavit affirmed on 25 March 1999.) By a further letter dated 17 April 1995, the 1st respondent informed the applicant that it was not able to give the applicant an increment this time, but will consider giving the applicant the increase in food allowance of RM40 per month which was given to the staff of Resorts World Berhad under the new collective agreement. (See exh. "V4" attached to the applicant's affidavit affirmed on 25 March 1999.) Despite the fact that the applicant's terms and conditions of service were in line with the collective agreement between the 1st respondent and Resorts World Berhad the 1st respondent failed to give the applicant a salary increase of RM100 and f