Bombay High Court, in M/s. Asahi India Glass Ltd. vs. Nadeem A. A. Dolare [WRIT PETITION NO. 8249 OF 2024], ruled that sleeping on duty in a responsible role constitutes misconduct. However, the court noted that the employee was not assigned any security or safety-related responsibilities. Referring to the precedent set in Bharat Forge Co. Ltd. vs. Uttam Manohar Nakate [(2005) 2 SCC 489], the court emphasized that an employee’s past service record is a relevant consideration in determining the proportionality of punishment. It concluded that a single instance of such behaviour, in the absence of any prior misconduct, did not warrant the extreme penalty of dismissal.
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