Edgar Joseph Jr. SCJ:

The plaintiff herein, a Grade 3 Worker, had applied by way of originating summons for an order against the defendant, his former employer, for production of a medical report upon himself pursuant to which he had been medically boarded out on 26 May 1987, by the defendant, the statement of his excess Employees' Provident Fund contributions and costs.

The affidavit evidence, including the exhibits referred to therein, relied upon by the plaintiff, showed that he had commenced employment with the defendant as a Grade 3 worker with effect from 5 June 1967 and that having been examined by a panel of doctors on 22 April 1987, the defendant had by letter dated 26 May 1987, informed him that the panel had recommended that he be medically boarded out and that he would be boarded out on medical grounds with effect from 27 May 1987. That letter was in the following terms:

Malayawata Steel Bhd.

P.O. Box 60, 12700 Butterworth,

Province Wellesley, Penang, Malaysia. Ref: PP/MYS/DBF/104 Date: 26 May 1987

Encik Yekambaran s/o Marimuthu Through: Head of Blast Furnace Section

Dear Sir

Re: Medical Boarding Out

We wish to inform you that the panel of doctors who exa