Joint Consultative Machinery – Declaration of Joint Intent Regarding The Common Approach of The Government of India and the Employees organisations to Work the Machinery of Joint Consultation and Compulsory Arbitration.
APPENDIX – II
DECLARATION OF JOINT INTENT REGARDING THE COMMON APPROACH OF THE GOVERNMENT OF INDIA AND THE EMPLOYEES ORGANISATIONS TO WORK THE MACHINERY OF JOINT CONSULTATION AND COMPULSORY ARBITRATION.
This is a declaration of joint intent regarding the common approach of the Government of India on the one hand and the employees’ organisations on the other to the creation of the machinery for joint consultation and compulsory arbitration and its smooth working and full utilization.
2. Both the parties are in agreement with the objective of promoting harmonious relation and securing the greatest measure of cooperation between the Central Government in its capacity as employer and the general body of its employees in matters of common concern and with the object, further of increasing the efficiency of the public service combined with the well-being of those employed.
3. Both parties agree further that there should be full and frank discussion on all matters that come up before the joint councils and that every endeavour should be made to reach agreement on such matters.
4. The Government:
are desirous of promoting healthy development of organisations of Government employees, and
have noted the fear of victimization expressed by certain representatives of the Government employees organisations and purpose to make suitable provision in the rules, etc. to ensure that no office bearer of union / association is victimized for legitimate association / trade union activities.
5. The associations / unions:
agree to give a fair trial to the scheme of joint consultation and compulsory arbitration for a minimum period of 5 years.
agree that during this period of trial all disputes shall be resolved through the machinery of joint consultation and compulsory arbitration.
6. The Government of India and the unions / associations agree that failing the settlement of a dispute by negotiation, arbitration shall be open to Government departments on the one hand and to recognised associations / unions of Government employees within the scope of National Joint Council and of the Departmental Councils on the other hand, on an application by either party in regard to certain matters affecting conditions of service subject to limitations and conditions hereinafter defined.
7. Both the parties are agreed:
that where there is a failure to agree on a claim falling within the limits set out below the case shall be reported by or on behalf of either of the parties to the Ministry of Labour and Employment for reference to arbitration by a Board of Arbitration consisting of 3 members, one drawn from a panel of 5 names submitted by the official side, one from a similar panel submitted by the staff side of the National Council, and a Chairman who will be an independent person. The members and Chairman shall be selected by the Minister of Labour.
8. The rights of either party to take a claim to arbitration shall be as follows:-
it shall cover only those associations / unions to whom the scheme for Joint Consultation and Compulsory Arbitration is applicable:
it shall be limited to:
(i) pay and allowances,
(ii) weekly hours of work, and
of a class or grade of employees;
cases of individuals shall not be subject to compulsory arbitration:
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;
(i).while considering a dispute referred to it, the Board of Arbitration shall examine the merits of the cases presented by both the official and the staff sides, and take into account all other relevant factors including the principles enunciated in any recent report of a Commission of enquiry, etc., appointed by the Government;
(ii).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 recommendations, after which they will become arbitrable again;
subject to the over-riding 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 a 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 therefore, and thereupon Parliament may make such modifications in the recommendations as it may deem fit; and
orders made by 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.
9. Both the parties are agreed that any provision of this declaration or of the scheme could be amended by mutual agreement at any time.