Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel and Training)
New Delhi, the 10th June, 1988.
|Subject:||Joint Consultative Machinery - Procedure for processing the cases relating to arbitrable issues on which disagreements are recorded in the National Council/ Departmental Council.|
In a recent meeting they had with Cabinet Secretary, some members of the Staff Side of the National Council had expressed their concern over the delay in the implementation of the Awards given by the Board of Arbitration under the JCM Scheme.
2. The matter has been considered in great detail by the Committee of Secretaries in their meeting held on 8th April, 1988. The Committee have taken decisions on the procedure and time-schedule for processing the case relating to arbitrable issues which are enumerated below. The Ministries / Departments are requested to follow the same:-
Before a disagreement is recorded, the concerned Ministry must obtain approval of the Cabinet for the same. The Draft Note for the Cabinet may be prepared on the lines of the model Note already circulated by this Department in O.M.No.6/26/82-JCA (*) dated the 17th November, 1982 and the case may be processed further without any unavoidable delay. After obtaining the approval of the Cabinet, the disagreement could be recorded formally in the Departmental Council concerned / National Council. This procedure should be completed within two months time from the date it is decided to record a disagreement.
Two months time for recording disagreement
2. If the Staff Side request for making a reference to the Board of Arbitration on the arbitrable item on which disagreement has been recorded, the request for reference to the Board of Arbitration in the prescribed form (enclosed with the O.M. No.6/2/67-JCA, (*) dated the 2nd February, 1968) along with an extract of the Cabinet decision for recording disagreement, may be forwarded to this Department ( in duplicate), for onward transmission to the Ministry of Labour for making a reference to the Board of Arbitration. This should be done within two months of such a request from the Staff Side.
Two months time for transmissions of cases to Labour Ministry
The Labour Ministry would submit it for arbitration, within 7 days of the receipt of the case.
Seven days time limit for transmittal of case to the Board of Arbitration by Ministry of Labour.
It has also been felt that the case for the Govt. is not adequately argued before the Board of Arbitration and subsequently the Govt. is forced to reject the Award given by the Board of Arbitration. In order to ensure that all aspects of the case are fully and correctly presented to the Board of Arbitration, it has been decided that before the terms of reference are sent by the Ministry to this Department as envisaged in sub-para (2) above, the views of the Department of Personnel & the Ministry of Finance (Department of Expenditure) would be obtained as regards how the case should be presented before the Arbitrators.
Before accepting / rejecting an Award, the case would be placed before the Committee of Secretaries after which the concerned Department or Ministry would submit the case to the Minister of State or Cabinet Minister-in-charge of the Department for acceptance / rejection of the Award. It is, therefore requested that suitable action may please be taken to obtain the approval of the Committee of Secretaries, before accepting / rejecting the Award. In the event of the Award being accepted with the approval of the Committee of Secretaries, the Orders may be issued straightaway under intimation to this Department. In the event of rejection of the Award, as approved by the Committee of Secretaries necessary action may be taken according to the standing instructions for obtaining the approval of the Cabinet for placing suitable Statements on the Table of both Houses of Parliament as required under para 21 of the JCM Scheme.
After the decision (Award) of the Board of Arbitration is received, the Award would either be implemented or Statements laid on the Table of both the Houses of Parliament within six months (proposing modification / rejection of the Award).
Six months time for laying Statements in Parliament.
As soon as Government have laid on the Table of both Houses of Parliament, their Statement for modification / rejection of the Award, the Secretary of the Staff Side of the National Council or of the Ministry / Department concerned would be suitably informed.
The JCM cell of the Department of Personnel would monitoring the National level JCM cases and individual Departments would monitor cases with which they are concerned. However, the Department of Personnel will collect information from all.
Guidelines for monitoring the cases as above are being issued separately.
Smt. K.N.K. Karthiayani