' This appeal arises from order of the 1st Sindh Labour Court, Karachi, whereby the grievance petition of the respondent worker was allowed and his re-instatement in service was ordered with back benefits. The respondent was , an employee of the appellant Printing Corporation of Pakistan Press. It was alleged against him that he had beaten Syed Musarrat Alam, Deputy Manager, Production outside, the Printing Press. He was suspended and then discharged from service. It was contended on behalf of the respondent worker that no domestic enquiry was held for misconduct under Standing Order 15(4) of the Standing Orders Ordinance but he has been discharged under the Service Rules meant for the employees of Printing Corporation of Pakistan Limited at Islamabad. These Service Rules have been issued under the directions of the Chairman of the N.I.R.C. In connection with the agreement between Printing Corporation and the four unions. Under section 1(4)(a) of the Industrial and Commercial Employment (Standing Orders) Ordinance, Standing Orders are applicable to Industrial or Commercial Establishments wherein 20 or more workers are employed and under the proviso, these Standing Orders will not apply where the Industrial or Commercial Establishment is carried on by or under the authority of the Federal or Provincial Government where Statutory Rules of Service, conduct or discipline are applicable to the workmen employed therein. It has been argued that the Rules published under the directions of the Chairman, N.I.R.C. With the Agreement of the Unions are Statutory Rules, but Statutory Rules are only those rules which are passed by the legislature. These are private Rules of the Printing Corporation framed by Agreement of the N.I.R.C. And the four Unions. These will have no application where the workmen are governed by the Industrial and Commercial Employment (Standing Orders)
Ordinance. The Standing Orders provide the definition of misconduct and the procedure to be adopted in case of domestic enquiry under Order 15(4) and these Standing Orders will supersede any other private Rules.
5. It has been admitted that a regular enquiry was not held in this case but the worker was discharged without observing the Rules of Enquiry under the Standing Orders Ordinance. It has, therefore, been rightly held by the Labour Court that the discharge of the respondent is not in accordance with Rule and the respondent has been re-instated with back benefits. I can, therefore, see no reason to interfere. The decision of the lower Court is maintained and the appeal is dismissed.