The undersigned is directed to refer to the instructions contained in this Department’s earlier communications mentioned below* on the above subject and to say that the question of determining the authority who should take a final decision in regard to the arbitrability of an issue under para 16 of the JCM Scheme has been under consideration. The matter was placed before the Group of Ministers who have decided that :-

1. the dispute whether any particular issue is arbitrable under para 16 of the JCM Scheme may be referred to the Attorney-General for his opinion.

2. each side may present its views in writing to the Attorney-General and there may be no hearing.

3. the opinion of the Attorney-General will be binding on both the parties.

2.     In view of the aforesaid decision, the following procedure may now be followed in the Departmental Council before signing disagreements :-

2.1     If there is a dispute in the Departmental Council on the arbitrability of an issue after it has been decided to sign a disagreement on the issue, the matter may first be referred to the Department of Personnel and Training to ascertain whether the item would be  arbitrable.

2.2     If the Department of Personnel and Training is also of the view that the item is not arbitrable, the issue will further be processed by the Department of Personnel & Training as per the decision taken by the Group of Ministers mentioned in Para 1 above.

3.     The approval of the Cabinet may be obtained for recording disagreement in the Departmental Councils as and when it is finally decided that the item is an arbitrable one.

4.     While adopting the procedure outlined in the preceding paragraphs it should be ensured that there is no unavoidable delay at any stage so that the disagreement could be recorded in the concerned Departmental Council without giving any cause of grievance for delay to the Staff Side.

                                                                                                    Sd/- Mrs.K.N.K.KARTHIAYANI
                                                                                    DIRECTOR (JCA)
                                                                                                                                                                              

* (1) OM No.6/2/68-JCA dt. 25.2.70
   (2) O.M.No.4/2/79-JCA dt.20-7-80
   (3) O.M.No.4/2/79-JCA dt. 11.11.82
   (4) O.M.No.6/26/82-JCA dt. 17.11.82
   (5) DO No.3/23/85-JCA dt.7.10.85

   (Reproduced on pages ………………………in the JCM Brochure)

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