GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, P.G. & PENSIONS

(DEPARTMENT OF PERSONNEL & TRAINING)

NORTH BLOCK, NEW DELHI

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Dated the 9th August, 2002

OFFICE MEMORANDUM

Subject: Appointment of Arbitrator in connection with anomalies arising out of implementation of the recommendations of the 5th CPC.

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The undersigned is directed to refer to this Department’s O.M.No.19/1/97-JCA dated 6th February, 1998 in connection with setting up of anomaly committees according to which the cases where there is a dispute about the definition of “anomaly” and those where there is a disagreement between the Staff Side and the Official Side on the anomaly will be referred to an “Arbitrator” to be appointed out of a panel of names proposed by both sides. However, this arbitration will not be part of the JCM scheme. Accordingly, after due consultation with the Staff Side of the National Council (JCM), it has been decided to appoint Justice N.P.Singh, as Arbitrator during the currency of his appointment as Chairman of Board of Arbitration under J.C.M. The proposed appointment will be in addition to present assignment without any separate remuneration. The recommendation of the Board of Arbitration will be subject to approval of Union Cabinet.

2. The items pertaining to National Anomaly Committee will be centrally referred by DOPT to the arbitrator and those from the respective Departmental Anomaly Committees, will be referred directly by the concerned Ministries / Departments, after obtaining the relevant items from the Secretary / Leader, Staff Side in the Departmental Council concerned. For this purpose, a set of five copies consisting of Staff Memorandum as well as official brief and other related papers as in the proforma annexed is required to be sent to the Arbitrator (1108, Ansal Bhavan, 16 KG Marg, New Delhi-1), a copy thereof being also endorsed to Staff Side from whom the concerned item was received, as well as, to P.I.C. Section of this Department.

3 The cases will be contested / presented by the respective Ministries / Departments to which the matter pertains, after due consultation and concurrence of the Department of Expenditure and DOPT. The arbitrator may arrive at his recommendations based on written statements submitted by both parties. It will, however, be open to the Arbitrator or the individual parties to selectively ask for oral submission in any particular case.

4. Ministries / Departments are required to seek approval of the Cabinet before implementation of the recommendations of the Arbitrator as indicated above.

HINDI VERSION WILL FOLLOW.

(Ranbir Singh)

Under Secretary to the Govt. of India

Tel: 309 4678

To

All Ministries / Departments

Copy for information to:

1. Justice N.P.Singh, Chairman, Board of Arbitration (JCM) 1108, Ansal Bhavan, 16 KG Marg, New Delhi-110001 w.r.t. his letter No.2/1/2000-BA(JCM)/89 dated 29th May, 2001

2. Department of Expenditure w.r.t. IC U.O.No.14/1/2001-IC dated 31.7.2002

3. Ministry of Labour (Shri J.P.Pati, J.S.) w.r.f. d.o. letter No. L-59025/2/2001-Admn.III Dated 21st June, 2002

4. D.O. (PIC), DOPT for suitable action in respect of items pertaining to National Anomaly Committee.

5. Secretary, Staff Side, National Council (JCM), 13-C, Feroz Shah Road, New Delhi w.r.t. letter No.NC-JCM-97/5th CPC(Anomaly)-1dated 29.5.2002. As already conveyed vide letter No.19/3/2000-JCA dated 12.6.2000, six copies each of the items with explanatory note as in the prescribed proforma, proposed to be sent for arbitration may be sent to DOPT for appropriate action.

6. Shri Karan Singh, Director, DOPT, Lok Nayak Bhavan, New Delhi.

7. All Members of the National Council(JCM)

8. All Members of the Departmental Council of DOPT.

ANNEXURE-I

PROFORMA ( Staff Side) FOR REFERENCE OF CASES TO ARBITRATOR WHERE A DISAGREEMENT HAD BEEN RECORDED IN THE DEPARTMENTAL ANOMALY COMMITTEE.

ITEM NO. ----/D.A.C.

TERMS OF REFERENCE

STATEMENT OF CASE: The Statement of case should indicate;

(i) Categories of employees and number of employees in each category who are affected by this item.

(ii) The nature of claims and details thereof, such as, present position, and modification demanded.

(iii) The grounds in support of the demand.

(iv) Documents, extracts from document or copies of such documents referred to may also be attached.

NAME, TELEPHONE NUMBER, POSTAL ADDRESS and e-mail address of the staff representative concerned with the item.

ANNEXURE-II

PROFORMA ( Official Side) FOR REFERENCE OF CASES TO ARBITRATOR WHERE A DISAGREEMENT HAD BEEN RECORDED IN THE DEPARTMENTAL ANOMALY COMMITTEE.

ITEM NO. ----/D.A.C.

TERMS OF REFERENCE

STATEMENT OF CASE: The Statement of case should indicate;

(i) Categories of employees and number of employees in each category who are affected by this item.

(ii) The nature of claims and details thereof, such as, present position, and modification demanded.

(iii) The grounds on which the Staff Side demand may be rejected

(iv ) Documents, extracts from document or copies of such documents referred to may also be attached.

NAME, TELEPHONE NUMBER, POSTAL ADDRESS and e-mail address of the officers concerned with the item.