Joint Consultative Machinery – GOI decisions Constitution of Board of Arbitration
The Cabinet Note prepared for obtaining approval from Cabinet before signing disagreement with the Staff Side on arbitrable matters under Clause 16 of the JCM Scheme may be prepared on the lines of prescribed model note. (No. 6/26/82-JCA, dated 17-11-1982).
Constitution of Board of Arbitration
8.1.4 On a final disagreement being recorded on a arbitrable matter in the National Council/Departmental Councils, and on either side asking for referring the matter to arbitration, the Government is required to appoint a Board of Arbitration consisting of three members, one drawn from a panel of five names submitted by the Official Side, one from a similar panel submitted by the Staff Side of the National Council and a Chairman who is an independent person.
The members and the Chairman are selected by the Minister of Labour. The award of the Board of Arbitration is binding on both the Official and Staff Sides, subject only to the power of Parliament to modify or reject an award on grounds of national economy or social justice.
8.1.5 In determining a dispute the Board of Arbitration shall examine the merits of the case presented by both the official side and staff sides, and take into account all other relevant factors including the principles enunciated in any recent report of a Commission of enquiry etc.
8.1.6 Before a case is referred to the Board of Arbitration, the following conditions will have to be satisfied:-
i.the subject should be one for which compulsory arbitration is provided according to the provisions of clause 16 of the Scheme;
ii.the dispute should have been considered either by the National Council or the appropriate Departmental Council;
iii.If there is a dispute relating to an arbitrable matter in a Lower Council it will have to be placed before the Departmental Council concerned.
8.1.7 Matters determined by the Government in accordance with the recommendations of a Commission will not be subject to arbitration for a period of 5 years from the date of the recommendation after which they will become arbitrable with reference, as far as possible, to the factors referred to in 8.1.6 above.
Awards of Board of Arbitration
8.2.1 Subject to the overriding authority of Parliament, recommendations of the Board of Arbitration will be binding on both sides.
If, for reasons to be recorded in writing, the Central Government is of opinion that all or any of the recommendations of Board of Arbitration should on grounds affecting national economy or social justice be modified, the Central Government shall, as soon as may be, lay before each House of Parliament the report of the Board containing such recommendations together with the modifications proposed and the reasons, therefor, and thereupon Parliament may make such modifications in the recommendations as it may deem fit. Modification may extend to the rejection of a recommendation.
8.2.2 Orders made by the Government in pursuance of recommendations of the Board of Arbitration shall, unless otherwise specified in those recommendations or modified by mutual agreement, remain in operation for a period of 3 years.