JUDGMENT

Mohamed Azini J:

This is an application by notice of motion by Assunta Hospital for an Order of Prohibition to prohibit the Chairman of the Industrial Court, Mr. K Somasundram, from proceeding with the hearing of Industrial Court Case No. 83 of 1976 on the grounds that:

(1) the Industrial Court has no jurisdiction to order the Comptroller of Immigration to issue a Visit Pass for temporary employment in place of a citizen;

(2) the Industrial Court does not have jurisdiction to hear the case, because it cannot order the reinstatement of a non-citizen;

(3) the respondent, Dr. A Dutt, is not a "workman" under the Industrial Relations Act, 1967, since the Doctor's contract with the applicant Hospital was a contract for service and not a contract of service; and

(4) the Chairman of the Industrial Court by sitting alone without the consent of the parties, contravenes s. 20(4) of the Industrial Relations Act and is proceeding without jurisdiction.

Counsel for the Hospital however, concedes that the actual issue in this case is whether the Industrial Court has jurisdiction to hear Dr. Dutt's case.

The brief facts of the case as contained in the affidavit of Dr. Thomas Varughe