In the last meeting of the National Council held on 10^th/11^th July, 1985, the Staff Side Secretary had referred to certain procedural difficulties leading to delay in implementing the recommendations of the Board of Arbitration. Though no time- frame for implementation of these recommendations has been specified in the JCM Scheme, the Staff Side felt that   this need not be taken as an excuse for delaying any arbitration recommendation beyond any reasonable limit of time. He, therefore, urged that the Scheme needed to be clarified in this regard.

2.     As you are already aware, Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees provides for remittance of disputes on items specified in Clause 16 of the JCM Scheme to the Board of Arbitration, if either of the  parties so desire. In case, however, there is any doubt about the arbitrability or otherwise of an item raised by the Staff Side for discussion in the Joint Councils, instructions already exist that advice of this Department (JCM Division) should be obtained at the earliest possible stage. When the Staff Side cannot be persuaded in the first meeting to the Official-line of thinking, action may also simultaneously be taken for obtaining approval of the Cabinet for recording final disagreement (if the item is arbitrable) after following the prescribed procedure (e.g. obtaining prior approval of the Cabinet after getting the Cabinet Note cleared by this Department (JCM Division). This ensures the recording of formal disagreement without much delay.

3.     After recording the formal disagreement, and if requested by the Staff Side, immediate action may be taken to finalise the terms of reference for the Board of Arbitration, which need not take more than four weeks or so and the same may be forwarded to this Department without much delay for onward transmission, after necessary scrutiny at this end, to the Ministry of Labour for setting up of the Board of Arbitration.

4.     On the receipt of the recommendations by the Administrative Ministry/Department concerned, expeditious action may also be taken to examine the implications of the recommendations in consultation with this Department, and the Ministry of Finance if necessary, to decide whether the recommendation could be implemented straight away or rejected/ modified as required under Article 21 of the JCM Scheme. If it is decided to reject/modify the recommendation of the Board of Arbitration, Cabinet approval must be taken after going through the procedure of consulting this Department (JCM Division) or Ministry of Finance (if necessary) and taking suitable steps to obtain Parliament’s specific directions on the suggested rejection/ modification. This action should be initiated within four weeks or so of the receipt of the recommendation of the Board of Arbitration.

5.     I am sure if the steps are taken at every stage with required urgency, the Staff Side misgiving on this score will be largely if not substantively, dispelled.

        With regards,

Yours sincerely,

Sd/-
( BATA K DEY )
Director (JCA)