JUDGMENT

Chang Min Tat FJ (delivering the judgement of the Court):

The respondent on 8 February 1977 issued out a writ for a declaration

(i) that he is entitled to be emplaced on the salary scale of the Plantation Agencies Standard Terms of Service for Executive Staff on Estates which became effective on 1 January 1974 and all subsequent revisions thereto, and

(ii)that he is entitled to be paid all arrears of salary and all other benefits to be computed in accordance with the aforesaid Standard Terms.

These were the substantial reliefs sought to be obtained in the endorsement to the writ, though he did include in the statement of claim the usual omnibus Prayer for such other relief as the Court might deem fit. He sued two defendants, (1) Perbadanan Kemajuan Negeri Kedah and (2) Plantation Agencies Sdn. Bhd.

The question in this appeal is whether he was right to have sued Plantation Agencies Sdn. Bhd.

In his statement of claim, the respondent stated in clear and unmistakable terms that the first defendant was at all material times his employer and that the second defendant (the appellant before us) was the agent negotiating the said employment. He had entered into employment un