Joint Consultative Machinery – GOI decisions Arbitration
8.1.1 Compulsory Arbitration under the Scheme shall be limited to:
pay and allowances;
weekly hours of work; and
of a class or grade of employees.
Disputes regarding arbitrability of an item:
(1) In case of doubt whether a demand is arbitrable under Clause 16 of the JCM Scheme or not, the Department of Personnel & Training may be consulted in advance. ( No. 4/2/79-JCA, dated 20-7-1980).
(2) (a) 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.
(b) 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 and Training as follows:-
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.
each side may present its views in writing to the Attorney General and there may be no hearing.
The opinion of the Attorney General will be binding on both the parties.
(c) 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.
(d) 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. ( No. 1/7/87-JCA, dated 15-4-1988).
8.1.2 Cases of individuals shall not be subject compulsory arbitration.
8.1.3 A dispute shall not be referred to arbitration unless it has been considered by the National Council or the appropriate Departmental Council, as the case may be, and final disagreement between the two sides has been recorded.
If there is a dispute relating to an arbitrable matter in a lower council, it will be placed before the Departmental Council concerned.