1 IN THE HIGH COURT OF JUDICATURWE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1077 OF 2009 WITH CIVIL APPLICATION NO.3078 OF 2009 The Assistant General Manager, State Bank of India. ..Petitioner. Vs. The General Secretary SBI Staff Union. ..Respondents. Mr. A. G. Damle for the Petitioner. Mr. Abhay Kulkarni for the Respondent No.1. CORAM : R.S. MOHITE, J. DATE : 11TH DECEMBER, 2009 PC: 1 This is a petition filed by the employer bank impugning an award dated 28.4.2008 passed by the Industrial Tribunal, Pune holding that the petitioner bank has failed to substantiate and prove the charges of misconduct levelled against the respondent and further holding that the order of dismissal is not just and legal. It is seen from the charge sheet that there are allegations of absenteeism from the 2 beginning of the service and the charge sheet noticed that, in 1997, after enquiry he was punished by postponing one increment. It is alleged that even thereafter he remained absent for which memo of warning was given. In spite of this, his conduct did not improve and he was absent for about 109 days. Labour Court has held that charge of absenteeism was vague as the exact period of the absenteeism was not proved because attendance register and the leave record for the relevant period was not produced by the employer. No fault can be found with the reasoning of the tribunal. Hence, petition is summarily rejected. CIVIL APPLICATION NO. 3078 OF 2009 1 As the main petition is rejected on merits, this civil application does not survive and the same is accordingly disposed off. 3 (R.S. MOHITE, J.)