IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9941 of 2002 ARVIND PANDEY Versus MAGADH STOCK EXCHANGE ASSOCIATION & ORS ----------- 04 26.03.2009 Heard learned Counsel for the petitioner and learned Counsel for Magadh Stock Exchange. The petitioner is aggrieved by the communication dated 27.12.2001 of the Magadh Stock Exchange (hereinafter referred to as the Exchange) communicating the acceptance of the voluntary retirement of the petitioner under the scheme formulated. Learned counsel for the petitioner with reference to Annexure-4 submitted that the petitioner in fact, never unconditionally accepted the offer for voluntary retirement. In fact, a counter proposal was made and unless the conditions stipulated in the counter proposals were accepted and communicated the question of the petitioner accepting the offer for voluntary retirement does not arise. The scheme of voluntary retirement has not been brought on record. A scheme for voluntary retirement is an invitation to offer. The petitioner is 2 member of the Employees Union which along with others made a counter proposal/counter offer. From Annexure-7 dated 16.7.2002 it is apparent that this counter proposal came to be accepted. A communication in this regard was sent on 27th of December, 2001 stated to have been duly acknowledged by the petitioner on 28th of December, 2008. Dealing with Annexure-7 at paragraph-22 onwards of the writ application, the petitioner does not denies that the counter offer made by the petitioner was accepted at the meeting of the council of the Exchange on 26.12.2001. Learned counsel for the petitioner sought to persuade this Court that in fact, communication of the acceptance of the counter proposal was never made to the petitioner by the Exchange. Whether the communication was received or not by the petitioner is a disputed question of fact which cannot be decided in the writ petition. What is crucial, is that the counter proposal made by the petitioner union was accepted by the council of the Exchange. This fact is not denied in the writ application. In absence of the scheme of voluntary retirement being brought on record, the materials 3 as noticed above of the acceptance of the counter proposal by the Exchange, this Court finds no merit in this writ application. It is accordingly dismissed. P.K. (Navin Sinha, J.)