Wednesday, January 19 2005 19:41 Hrs (IST) - World Time -

New Delhi: Sleeping during the office hours? Beware, it may cost you your job as the Supreme Court has upheld the decision of Bharat Forge Company Ltd (BFCL) to terminate the services of one of its employees who had made a habit of sleeping during work hours.

One Uttam Manohar Nakate, working as a helper in the company, was found fast asleep on an iron plate at his work place on August 26, 1983 at 1140 hrs (IST).

A disciplinary proceeding was initiated against him under the Industrial Employment Act, 1946. He was found guilty and was dismissed from service on January 17, 1984.

The internal inquiry took note of the fact that Nakate was earlier found guilty of sleeping during working hours thrice and was awarded minor punishments.

Complaining of unfair trade practices, he questioned the order of dismissal before the Maharashtra Labour Court, which directed his reinstatement with 50 per cent back wages.

On an appeal, the Industrial Tribunal set aside the labour court order and upheld the dismissal. But the Bombay High Court reversed it and directed payment of a sum of Rs 2.5 lakhs to the worker and his reinstatement.

Allowing the appeal of Bharat Forge Co Ltd, an apex Court Bench comprising Justice N Santosh Hegde and Justice S B Sinha said, "In the facts and circumstances of the case and having regard to the past conduct of Nakate as also his conduct during domestic inquiry, we cannot say that the quantum of punishment imposed upon him was wholly disproportionate to his act of misconduct".