Falling asleep on duty constitutes misconduct, however dismissal from service for such misconduct is a disproportionate punishment

The respondent was employed by the petitioner company and was allocated duties of clariflocculator, his duties involved critical monitoring of various levels during operation of the plant. One night while on duty, the respondent was found asleep in the changing room during a vigilance check conducted by the manager (O & M) and manager (P & A). A domestic enquiry was conducted in this regard and based on the findings; the petitioner was dismissed from service. The order was challenged in the labour court, wherein the act of the petitioner was rendered as an unfair labour practice. The petitioner approached Bombay High Court vide Writ Petition No. 8249 of 2024, where the court found that sleeping on duty in a responsible role would constitute misconduct, however employee’s past record of services should be a relevant factor in deciding the quantum of and proportionality of the punishment imposed, thus a single instance of such behavior and the absence of any prior record of misconduct did not justify the extreme penalty of dismissal.