JCM National Council Standing Committee Meeting

No.1/1/87-JCA
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training )

New Delhi, the 21st May, 1987.

Subject:- Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees – Raising the limit of pay from Rs.900 – Rs.2,900 per mensem for eligibility.

As the Ministries/ Departments are aware, the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees covered all regular civil employees of the Central Government except inter-alia persons in industrial establishments employed mainly in managerial or administrative capacity, and those who being employed in Supervisory capacity draw salary in scales going beyond Rs.900/-per mensem. vide Clause 1© of the JCM Scheme.

2. With the revision of the scales of pay on the recommendations of the Fourth Central Pay Commission, the limit of Rs.900/- referred to in para 1 above, has correspondingly to be increased in order to ensure that employees who were already covered by the Scheme still continue to be so covered.

The matter has been examined and it has been decided that, as under the new revised scales of pay etc., the limit of Rs.900/- would correspond to Rs.2,900/- the Scheme should be treated as amended to this extent. Accordingly, Clause 1© of the JCM Scheme may now be deemed to read as under:-

“Persons in Industrial establishments employed mainly in managerial or administrative capacity, and those who being employed in supervisory capacity draw salary in scales going beyond Rs.2,900/-per mensem”.

3. This may be brought to the notice of all concerned.

Sd/-
( BATA K.DEY )
Director

No.4/2/79-JCA
Government of India
Ministry of Home Affairs
( Department of Personnel and A.R.)

New Delhi, dated the 11th November, 1981

OFFICE MEMORANDUM

Subject:-
Scheme for JCM – Department Councils – Procedure regarding functioning of and recording of agreements

The undersigned is directed to refer to this Department’s O.M.No.4/2/79-JCA dated the 20th July, 1980, in which consolidated and comprehensive instructions were issued about the procedures to be followed regarding functioning of, and recording of agreements / disagreements in the Departmental Councils.

In spite of these instructions, several cases have of late come to the notice of this Department where the procedures laid down therein have been found to have not been followed. It is, therefore, again emphasized that the following instructions should be borne in mind for strict observance and compliance.

Items suggested by the Staff Side of the Departmental Councils are sometimes not scrutinized properly in advance, and after discussion of the item in the Departmental Council the Staff Side is told to take it up in the National Council as the item merited to be discussed only there.

Subsequently, if the Staff side do not accept this contention of the Official Side, this Department is requested to advise about the course of action to be taken.

Such a situation is embarrassing to this Department apart from giving the staff side a justifiable cause for complaint about improper functioning of the JCM at the Departmental level.

It is, therefore, imperative that the demands of the staff side made in the Departmental Council should be scrutinized in advance, and the Ministries / Departments concerned should take a view in the first instance if considered necessary in consultation with Department of Personnel & A.R., as to whether they fall within the jurisdiction of the Departmental Council or in the National Council.

In the latter case, the Staff side should be advised suitably. After admission of an item, it would not be proper for the Official side to disown the item or for the Chairman to disallow discussion on the ground of conflict or jurisdiction.

If the staff side of the Departmental Council do not accept the official side view about the arbitrability of an item under the Scheme for JCM, the matter should be referred to Department of Personnel and A.R. by name to the Joint Secretary or Deputy Secretary in-charge of JCA Section.

Till such advice is available, no final disagreement on the disputed item should be recorded, and, the staff side in the Council / Committee asked to await the advice of the Department of Personnel and A.R. as the final authority for deciding on the arbitrability of the issues under the JCM Scheme. There, indeed, would be positive advantage in consulting the Department of Personnel in cases of anticipated disagreement.

It has been observed in many cases that on the staff side contesting the view of the official side about the arbitrability of a particular item under clasue 16 of the JCM Scheme, the Ministries / Departments concerned consult the Ministry of Law directly and this Department is kept in the dark. Law Ministry have opined that the Department of Personnel and A.R. alone is competent under the Government of India ( Allocation of Business ) Rules to decide on all matters relating to the Scheme for JCM including the arbitrability of the item for Joint Councils.

It is only proper that such consultation with the Ministry of Law, if necessary, should be done by this Department, who, thereafter, on the basis of uniform policy followed, practice adopted, and precedent cases, will advise the Ministries / Departments suitably.

The practice of various Departments seeking direct advice from their accredited legal advice branches giving rise to expression of different legal opinion on the arbitrability of similar or same items in different Councils is not only irregular but also creates an embarrassing situation for this Department. It may be ensured that such situations do not arise in future.

It has also been observed that at the meetings of the Joint Council and its Committees, the official side, in order to project a favorable image before the staff side, has sometimes the tendency to say that though it is favorably inclined to the demand, other Departments of the Government are responsible for its non-acceptance.

Such indication of individual stand on the staff side demand would not only be embarrassing but also premature and creates, in the long run, difficulties for the Government. In no case should it be indicated the stage at which, and the Department where, the proposal is under consideration.

As emphasized earlier, vide our O.M. dated the 20th July, 1980, when the official side takes a view on the staff side demand, after consultation with the Ministry of Finance etc., if necessary, in advance, it is done on behalf of the Government as a whole and it is not proper to take the stand at the meeting with the staff side that the Ministry of Finance, etc. do not agree to the proposal. This causes unnecessary and avoidable embarrassment and should not arise in future.

2. The Ministry of Finance etc., are requested to follow the procedures mentioned above strictly.

SD/-
BATA K. DEY
DEPTUY SECRETARY TO THE GOVT. OF INDIA

No.4/2/79-JCA
Government of India
Ministry of Home Affairs
( Department of Personnel and A.R.)

New Delhi, the 20th July, 1980

OFFICE MEMORANDUM

Subject:-
Scheme for JCM-Departmental Councils – Procedure regarding functioning of and recording of Agreement/Disagreements.

The undersigned is directed to say that the Staff side of the National Council submitted the following for discussion during the 23rd Ordinary Meeting of the National Council which was held on the 2nd / 3rd February, 1979:-

The Official Side after having discussed the issues threadbare hesitate to record disagreement because under some instructions which are confidential from the Staff Side they had to consult the Department of Personnel before recording disagreement; and

The Official Side refer the matter to the Ministry of Finance and convey to the Staff Side that the Finance Ministry does not agree. This type of reference makes mockery of the whole scheme under which discussions will have to take place across the table.

These points were discussed by the Official side prior to the meeting of the Council. Cabinet Secretary and Chairman of the Council desired that the procedures for functioning of the Departmental councils

(the points mentioned above having emanated from the working of the Department Council ) particularly for recording of agreement / disagreements, either in such Council or in their sub-committee, should be given a fresh look.

2. As regards (i) above, instructions* had been issued in 1967 where it was laid down that the Official Side should conclude matters at the meetings of the Councils and not reserve them for later decision by Government.

For a proper discharge of this responsibility, the Official Side representatives are expected to consider the items on the Agenda well in advance of the meeting and obtain clearance / concurrence from the concerned authorities at the appropriate level before they attend the meetings of the Council so that they can speak and commit themselves on behalf of the Government.

On items submitted by the Staff Side of the Council which may have horizontal coverage the Official Side should consult the concerned Ministries / Departments well before the meetings.

If the various items on the Agenda are adequately examined before the meeting of the National / Departmental Council for which already a notice of 8 weeks is given by the Staff Side and Ministries / Departments also get in practice a notice of more than 4 weeks for taking Government decisions on the items and preparing official briefs on the subject – there should not be any difficulty for the Official Side to take a stand in the matter on behalf of Government and, if considered necessary, record disagreement.

The prompt decision would remove the complaint of the Staff Side that the Official Side do not come equipped with the Government’s decisions in the matter, or consult Department of Personnel. As it is, the notice period available with the Departments should be considered adequate for obtaining the decision of the Government.

If for some reason it is not possible to project the final view of the Government in the Council meetings, the concerned Department must commit a time-frame, usually not exceeding a month from the date of the meeting within which the Government could arrive at some finality on the subject.

In the following meeting, there should arise no occasion for the Official Side to seek further postponement of recording of the disagreement, if the Staff Side so presses. All consultation with the concerned Departments / approval of the Cabinet, where necessary, etc. should be completed within this period.

On items which are clearly arbitrable under Clause 16 of the JCM Scheme instructions** were issued in 1968, enjoining on the Ministries / Departments to make a report to the Cabinet as soon as reference for arbitration on items relating to “Pay and Allowance” was received.

However, in order to ensure that the Cabinet got adequate opportunity to consider the matter, it was decided in 1970 that on an item relating to “Pay and Allowance” before the Departmental / National Council on which there was no likelihood of agreement between the Official Side and the Staff Side either during discussion in the Council or in the Committee of the Council, the Administrative Ministry concerned should submit the matter*** for consideration of the Cabinet before a disagreement was recorded.

Before submitting the Note for the Cabinet, the Department of Personnel are required to be consulted. In regard to disagreements on items which are not arbitrable under Clause 13 of the JCM Scheme Government is required to take action according to its own judgement.

However, a convention has been established in the National Council**** by which the Staff Side of the National / Departmental Council if they so desire, can place their points of view before a Committee of Ministers consisting of Home Minister, Labour Minister and the Minister administratively concerned with the subject. The sub-Committee set up by the National / Departmental Council being subordinate to it, should submit their reports to the Council.

Only after a final disagreement is recorded at the meeting of the Council, the procedure detailed above will apply depending on whether the items are arbitrable or non-arbitrable. Thus for recording disagreements on non-arbitrable issues, there are no instructions enjoining prior consultation with the Department of Personnel.

As regards the second point, the complaint of the Staff Side is that the Official Side often refer matters to the Ministry of Finance and then convey to the Staff Side that the Finance Ministry does not agree.

In all such cases where approval of Ministry of Finance is required, the concerned Department is required to hold consultations with the Ministry of Finance before attending the meeting of the Council and decide the Official side approach to the item of the Agenda, so that in the meeting itself whatever views have been decided upon may be transmitted to the Staff Side.

When the Official Side takes a view or stand, it is done on behalf of the Government and any reference by the Official Side to the Ministry of Finance or the Department of Personnel or any other wing of the Government as the authority rejecting the proposals causes needless embarrassment and must be avoided.

Since the Department of Personnel is the nodal agency for JCM as a whole any doubt in regard to the arbitrability or otherwise of an item is required to be referred to this Department and its opinion sought before the Joint Council meetings take place and, as stated, before submitting the Note for Cabinet, seeking approval to record disagreements on an arbitrable issue, whether it pertains to National or Departmental Council.

But there is no need for further consultation with the Department of Personnel after recording disagreement, except that references to the Board of Arbitration will have to be routed through this Department.

4. In order to expedite the disposal of cases, especially in regard to arbitrable matter, attention is invited to the instructions***** issued in 1968, which lay down the following:-

“From the National Council, the request for arbitration will be made directly to the Secretary, Ministry of Labour by the Home Ministry on behalf of the National Council. This will be in the form indicated in the Annexure.”

“From the Departmental Council the communication to the Ministry of Labour, as in the Annexure, may be routed through the Ministry of Home Affairs.

The Ministry of Home Affairs will forward the reference to the Ministry of Labour and Employment within a period of 15 days. This time limit will be strictly observed.”

5. While reiterating the above instructions, this Department would emphasis that the following steps may be kept in view for processing the agenda items in the meetings of the Departmental Council of the JCM:-

The agenda items for the next meeting should be obtained from the Staff Side at least six weeks in advance and should be scrutinized to see that the items are admissible and do not have repercussions on other Departments:

if they do the correct forum to discuss such items would be National Council, and a reference may be made to the Department of Personnel & A.R. at that stage itself so that the issue gets sorted out in time.

The Agenda items which are not proposed to be admitted should be discussed with the representatives of the Staff Side so that the items can either be modified or dropped after such discussions.

The items should thereafter be processed with a view to deciding the stand to be taken by the Government on these items and where necessary the concurrence of Internal Finance / Ministry of Finance / Department of Personnel & A.R. should be obtained well in time so that a decision can be taken in the meeting itself.

In case of doubt whether a demand is arbitrable under clause 16 of the JCM Scheme or not, the Department of Personnel & A.R. may be consulted in advance.

The items on which it is proposed to record a disagreement and which can be referred to the Board of Arbitration should be placed before the Cabinet for their consideration and / or orders before a disagreement is recorded.

Earlier instructions stipulated seeking prior Cabinet approval on only some selective items out of array of arbitrable items. Those instructions were issued under certain circumstances which have changed with the time.

In the light of experience it has now been considered that on all arbitrable items, prior Cabinet approval may be taken if it is felt that disagreement is likely to be recorded.

The items which have some impact on other Departments or pertain to their field should be considered in consultation with such Ministries / Departments.

If considered necessary a formal brief from those Ministries / Departments should also be obtained so as to ensure that it receives proper consideration in so far as it relates to their sphere of responsibility.

Before a demand is accepted in the meeting of the Departmental council, prior consultations should take place with the authorities concerned e.g. the Ministry of Finance, Department of Personnel etc. so as to avoid embarrassing situations subsequently.

It may once again be emphasized that the Official Side in a Departmental Council represents the Government and whatever final view is taken, either in consultation with others or without, represents the view of the Government.

Therefore, it would be inappropriate to take the position later that an item cannot be accepted because a particular Ministry or Department did not agree to the same.

As soon as a disagreement is recorded, it should be referred to the Board of Arbitration through the Department of Personnel without any delay and in any case within two weeks of finalizing the terms of disagreement.

6. The Ministry of Finance etc. are requested to bring the above procedure to the notice of all concerned and to advice the Official Side members to prepare themselves well in advance before the meeting of the Departmental / National Council and take Government’s orders at the appropriate level on the items with which they are concerned so that they could take decision on the items in the Departmental / National Council.

Sd/-
BATA K. DEY
Deputy Secretary to the Govt. of India

No.3/37/79-JCA
Government of India
Ministry of Home Affairs
(Department of Personnel and Administrative Reforms)

New Delhi, dated the 6th May, 1980

OFFICE MEMORANDUM

Subject:- Meeting of the National Council (JCM) – Preparation of Official Briefs on the items suggested by the Staff Side.

The Ministry of Finance etc. are aware that according to the present practice, copies of Explanatory Notes on items suggested by the Staff Side for inclusion in the Agenda of the National Council meeting are sent in advance for preparation of the Official Briefs indicating the Official approach to the items.

These Briefs are circulated to the members of the Official Side of the National Council in advance for discussing the Official Side approach at the meeting with the Staff Side. It has been noticed that Briefs are often prepared by different Ministries / Departments on the same item but without following a uniform pattern which affects facility of reference and creates confusion at times.

The former Cabinet Secretary-cum-Chairman, National Council had commented on this aspect and desired uniformalised rationalization of the Official Briefs. It has, accordingly, been decided that in future Official Briefs should be prepared uniformly in which the demand of the Staff Side should be reproduced and thereafter the Official views of the Government should be indicated.

The Official Briefs should also indicate the conclusion of the Ministry / Department specifying whether or not the demand can be accepted either in full or in part. The proforma indicating the form in which the Briefs should be prepared is enclosed.

2. It has also been noticed that in Official Briefs prepared by different Ministry / Department on the same items, divergent views are expressed – one Department may agree, others may disagree with the proposal.

This approach variance causes confusion, if not embarrassment. It has, therefore, been decided that hereafter, copies of the explanatory notes submitted by the Staff Side on each item will be forwarded to the main Ministry / Department concerned with the subject matter and it will be their responsibility to consult, if necessary, the other concerned Ministries / Departments and incorporate their views also in the Official Briefs.

Thus only one Brief on each items will be circulated to the Official Side members of the National Council.

3. Ministry of Finance etc. are requested to keep the above in view while preparing Official Briefs on the items suggested by the Staff side of the National council.

Sd/-
BATA K. DEY
DEPUTY SECRETARY TO THE GOVT. OF INDIA

No.2/9/77-CS(IV)
Government of India
Ministry of Home Affairs
( Department of Personnel & Administrative Reforms )

New Delhi, dated the 17th January, 1978.

OFFICE MEMORANDUM

Subject:-
Scheme for Joint Consultative Machinery and Compulsory Arbitration – Office Council – Nomination In respect of C.S.S. etc.

As the Ministry of Finance, etc. are aware, in accordance with the instructions contained in para 2 of Department of Personnel and A.R. O.M. No.5/10/71-JCA, dated 21st November, 1972, nominations to the Staff Side of an Office Council should be from amongst the staff of the Office / establishment for which the Office Council has been constituted under Clause 6 of the Scheme for Joint Consultative Machinery and Compulsory Arbitration or from amongst the honorably retired employees or ex-employees of that office / establishment who may be permitted by Government to be members of the Office Council.

However, in order to enable the common service problems of each cadre of the decentralized Central Secretariat Services being discussed in the Office council of the cadre authority ( main Ministry / Department controlling the cadre ), it was decided vide this Department’s O.M.No.2/9/73-CS(IV), dated the 20th December, 1973 that the recognized staff Associations representing the CSS categories of staff, i.e. staff of Central Secretariat Service, Central Secretariat Stenographers’ Service and Central Secretariat Clerical Service, may be allowed to nominate their representatives to the Office Council of the cadre authority from among the staff working in any of the offices included in the CSS cadre and not necessarily only from the staff working in the office of the cadre authority.

2. It has been represented by the Staff Side of the Departmental Council of the Department of Personnel and A.R. that the present procedure to discuss common service problems of each cadre of the CSS in the office council of the cadre authority has not been effective.

In pursuance of the discussions held in that Departmental procedure to discuss common service problems of each cadre of the Council, it has now been decided that in partial modification of the existing procedure, wherever the C.S. cadre ( C.S.S., C.S.S.S., C.S.C.S. ) comprises offices other than those of the cadre authority itself, one representative each of the Staff Side of the Office Council of the Units participating in that cadre should be asked to attend the meetings of the office council of the cadre authority.

Such special invitees would be allowed to participate in the discussions in the meeting of the Office Council of the cadre authority only on items pertaining, to that cadre of the CSS/CSCS/CSSS as a whole and not in respect of other matters which fall exclusively within the jurisdiction of the office Council of the cadre authority.

For this purpose, as soon as the agenda for the meeting of the office Council of the office of the cadre authority is settled, the cadre authority may write to its individual units for obtaining the names of the representatives of the appropriate Staff side of the respective office councils of the units who would be attending the meetings of the Office Council of the office of the cadre authority.

The representatives in question would be chosen by the Staff Sides of the respective office Council, in the individual units and intimation of the names would be made to the administrative office of the cadre authority through the respective administration of the participating units.

The Office Councils, if they so choose, can also nominate a representative, for such time till he is replaced later by another, instead of nominating a representative on each occasion to serve in the office council of the cadre authority when common service problems of the cadre are discussed in the office council of the office of the cadre authority.

Sd/-
K.L. RAMACHANDRAN
DEPUTY SECRETARY TO THE GOVT. OF INDIA

No.3/23/75-JCA
Government of India
Cabinet Secretariat
( Department of Personnel and Administrative Reforms )

New Delhi, the 20th January, 1976.

OFFICE MEMORANDUM

Subject:-
Meeting of the National Council (JCM) held in November, 1975 – Joint Nomination by more than one Association/Union to single seat.

The undersigned is directed to say that as the Ministry of Finance etc. are aware, Clause 7(i) of the JCM Scheme stipulates that members of the Staff Side of the National Council should be nominated by recognized Associations/ Unions.

The Constitution of the National Council does not specify the manner in which nominations are to be made to a single seat by more than one Association / Union.

The practice heretofore has been to ask for unanimous nominations jointly by all the concerned Associations / Unions to the seat(s) in question. There have been instances where, due to lack of unanimity among concerned Associations etc. to make the Joint nominations, the seat(s) in question having been lying vacant resulting in the respective categories of employees not being represented in the Council.

The matter was placed before the National Council as its meeting held on the 21st and 22nd November, 1975 with a view to resolving it in consultation with the Staff Side.

The National Council decided that where joint nominations are required to be made by more than one recognized Association / Union to a single (or group of ) seat(s) on the Staff Side of the National Council and where no unanimity became possible, the nomination(s) may be made on the principle of majority, by the concerned members of the Staff Side of the respective Departmental Council (s) subject to the following conditions:-

The Departmental Council members would chose, by the principle of majority, only from among the nominees of the Associations / Unions in question, and

The choice would be made only by those members of the Staff Side of the Departmental Council who represent the Unions or Associations grouped together for making a joint nomination to the Staff Side of the National Council.

2. The above decision of the National Council is brought to the notice of the Ministries / Departments etc. for their guidance.

Sd/-
L.B.MANN
Under Secretary to the Government of India