Ankit Mishra 13 July 2018
Vikas Tiwari (Advocate) 13 July 2018
What was the position of your borther before demotion?
was there any kind of appointment letter issued to your brother when he was first appointed,?
is there any written intimation / communication to you brother that a disciplinary action is being taken against him?
by what mode he gets his salary Online / Cash?
Since your brother is in need of a job because of his personal / family condition, he is really interested to take legal action against the employer.
You can discuss your problem with me in details....
N.K.Assumi (Advocate) 14 July 2018
Taking a nap duing duty may amounts to misconduct liable to be penalised by the employer, though Oxford University research shows that taking nap at noon time enhance working capacity of employees.In you case, if your bro was found napping for the first time and if there is no such incidents in the past with warning by the employers, the punsishment is certainly not propotionate with the misconduct and there can be industrial dispute by approaching the approprite authority, including termination wihout notice, a mandatory obligations of laws to be followed and observed by every employer in India.