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 examined you on 22 April 1987 have recommended that you be boarded out on medical grounds. In view of the recommendations, you are hereby informed that you will be boarded out on medical grounds effective from 27 May 1987. All benefits due to you will be paid as soon as clearance is obtained from the Income Tax Authorities.

Kindly arrange to return to us the following articles on your last day of service:

1. 3 suits of uniforms. 2. 1 pair of safety shoes. 3. Helmet. 4. An employment pass.

Yours faithfully Malayawata Steel Bhd. Sgd.

Nicholas Choo Manager Personnel Department

c.c. Head of Blast Furnace Section UMSW

The plaintiff then consulted his solicitors Messrs. Muthusamy & Co., who, by a letter dated 27 July 1987, applied to the Manager of the Personnel Department of the defendant company for a copy of the relevant medical report mentioning the reasons therefor. That letter was in the following terms:

V. Muthusamy & Co. Advocates & Solicitors 12, Jalan Selat, Taman Selat, Off Bagan Luar Road, 12000 Butterworth, P.W. Tel. Pg. 344727.

27 July 1987.

A.R. Registered (served)

Manager, Personnel Department, Malayawata Steel Bhd., P.O. Box 60, 12700 Butterworth.

Dear Sir, Re: Medical Boarding Out Encik Yekambaran s/o Marimuthu

We refer to your letter dated 26 May 1987.

Our client, who ceased employment on medical grounds on 27 June 1987, shall be much obliged if you could kindly let us have a certified copy of the report of the medical board so as to enable him to withdraw the contributions due to him from the Employees Provident Fund; to put up his claim for compensation to the SOSCO and also from his insurance company.

Your co-operation is solicited and early reply is greatly appreciated.

Thanking you.

Yours faithfully, Sgd.

However, there being no satisfactory response from the defendant, the plaintiff's solicitors wrote a reminder dated 23 November 1987, followed by a second reminder dated 6 January 1988 addressed to the Manager of the Personnel Department of the defendant company as follows:

V. Muthusamy & Co. Advocates & Solicitors 12, Jalan Selat, Taman Selat, Off Bagan Luar Road, 12000 Butterworth, P.W. Tel. Pg. 344727.

6 January 1988.

R E M I N D E R

Manager, Personnel Department, Malayawata Steel Berhad, A. R. Registered P.O. Box 60, 12700 Butterworth.

Dear Sir,

Re: Medical Boarding Out Encik Yekambaran s/o Marimuthu

We refer to your letter dated 27 July 1987 and 26 May 1987 and our letter 27 July 1987 and 23 November 1987.

Our client, who ceased employment on medical grounds on 27 June 1987, shall be much obliged if you could kindly let us have a detailed statement for the excess EPF contributions and clarification for the interest deducted and also a certified copy of the report of the medical board soonest.

Your co-opera