AR. Lakshmanan, J.

1. The above writ appeal is directed against the order of Y. Venkatachalam, J., dated 4.12.1995 in W.P. No. 10503 of 1985, reversing the order passed by the 1st respondent/Presiding Officer, Labour Court, Coimbatore, in I.D. No. 62 of 1983 awarding Rs. 3, 000/- by way of compensation in lieu of dismissal from service. The management is the appellant.

2. The appellant was engaged in the production of textile spinning machinery. It employs about 3, 000 workmen. The workmen have to work in two shifts. The various machines are operated at a very high speed and if they remain unattended, it may pose a very risk to the persons nearby as well as the machines. Having regard to the nature of machine operations and the risk factor involved, the workmen are required to maintain a constant vigil and also remain near their work place during the shift hours. Any workman who is found sleeping while on duty and who is away from his working place is invariably awarded the punishment of dismissal.

3. The 2nd respondent was offered employment as an Apprentice on 14.1.1970. Sub-clause 7 of Clause 24 of the Standing Order of the company provides that in awarding the punishme