At the outset there is something wrong with your security system, that an employee, not belonging to the particular shift, has got an access to the Factory premises, that too in night. Correct the system first, which is most important. The misconduct as alleged, even if he is an workmen or not , he should be issued with a charge sheet, for riotous and disorderly behavior, and unauthorized entry into Factory premises, without proper permission, and disturbing other workmen while performing their normal duties. either under approved standing orders / model standing orders or under code of discipline. If the alleged charges are proved, considering his past record, he deserves serious punishment, as a deterrent to other employees also.