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NC JCM Staff Side

FAQ on Joint Consultative Machinery (JCM)

May 6, 2019 by Admin

FAQ on Joint Consultative Machinery (JCM)

What is Joint Consultative Machinery?

What is the applicability of the JCM Scheme?

What is the structure of the Joint Councils under the JCM Scheme?

How are staff side members selected for various Joint Councils?

What is the time schedule for holding meetings of the National/Departmental Councils?

How recognition is granted to the staff associations?

What are the facilities available to recognised associations?

What will happen if there is no agreement between the staff and the official side?

What are the issues on which arbitration is possible?

Is the award given by the Board of Arbitration binding on the parties?

FREQUENTLY ASKED QUESTIONS (FAQ)

1. What is Joint Consultative Machinery?

The scheme of Joint Consultative Machinery is a platform for constructive dialogue between the representatives of the staff side and the official side for peaceful resolution of all disputes between the Government as employer and the employees.

The scheme was introduced in 1966 with the objectives of promoting harmonious relations and securing the greatest measure of cooperation between the Central  Government as the employer and the employees in matters of common concern and with the object of further increasing the efficiency of the public service combined with the well being of those employed.

The scheme is a non statutory one mutually agreed upon between the staff side and the official side.

2. What is the applicability of the JCM Scheme?

The scheme covers all regular civil employees of the Central Government, except:

(a)The Class -I services;

(b)The Class-II services, other than the Central Secretariat Services and the other comparable services in the headquarters organisation of the Government;

(c) Persons in industrial establishments employed mainly in managerial or administrative capacity, and those who being employed in supervisory capacity drawing salary going beyond grade pay of Rs.4200/- per month;(d)Employees of the Union Territories; and(e)Police personnel.

3. What is the structure of the Joint Councils under the JCM Scheme?

The scheme provides for setting up of Joint Councils at the National, Departmental and Regional / Office levels. The National Council, chaired by the Cabinet Secretary, is the apex body.

4. How are staff side members selected for various Joint Councils?

The representatives of the staff side for various Joint Councils are chosen / selected from members of the recognized service associations/ unions.

5. What is the time schedule for holding meetings of the National / Departmental Councils?

As per the JCM Scheme, ordinary meeting of the National Council/ Departmental Council may be held as often as necessary as but not less than once in four months.

6. How recognition is granted to the staff associations?

The Department of Personnel & Training being the nodal department for matters relating to Joint Consultative Machinery and Compulsory Arbitration, has notified Central Civil Services(Recognition of Associations) Rules, 1993 for the purpose of granting recognition to various service associations.

Recognition is actually granted by the concerned Ministry/Department in accordance with the CCS (RSA) Rules, 1993.In case of any doubt or confusion, the matter is referred to the JCA Section of the Department of Personnel & Training for clarification/ advice.

7. What are the facilities available to recognized associations?

The recognized associations/ unions enjoy certain facilities like:

(a) Negotiations with the employer;

(b)Correspondence and meetings with the head of the administrative departments;

(c)Provision of accommodation for the associations subject to availability;(d)Facility of special casual leave up to 20 days in a year to the office bearers of the associations.

(e)Payment of T.A/ D.A for attending officially sponsored meetings; and

(f) Facility of seeking transfer of Chief Executive of the Union /association to the Headquarters of the appropriate head of administration.

8. What will happen if there is no agreement between the staff and the official side?

If there is no agreement between the staff and the official side on an arbitrable issue, then the matter is to be referred to the Board of Arbitration if so desired by the staff side.

9. What are the issues on which arbitration is possible?

The arbitration is limited to the following issues:(a) Pay and allowances;(b)Weekly hours of work ; and(c) Leave

10.Is the award given by the Board of Arbitration binding on the parties

The award given by the Board of Arbitration is binding on the Government as well as the staff side subject to the over riding authority of the Parliament.

The award can be modified/rejected only with the approval of the Parliament through a formal resolution on grounds affecting national economy or social justice.

Filed Under: NC JCM Staff Side Tagged With: NC JCM Staff Side

Outcome of 47th National Council Meeting held on 13th April 2019 – NC JCM Staff Side

April 19, 2019 by Admin

Outcome of 47th National Council Meeting held on 13th April 2019 – NC JCM Staff Side

The National Council JCM Staff Side Secretary has published a detailed report of meeting held on 13.4.2019 with Cabinet Secretary of Shri P.K.Sinha

Complete feedback of 47th Meeting of National Council Meeting held on 13.04.2019

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13C, Ferozshah Road, New Delhi – 110001
E-Mail : [email protected]

No.NC-JCM-2019/NC meeting

April 13,2019

To

All Members of the National Council (Staff Side) JCM

Dear Comrades,

The 47th meeting of the National Council was held on 13.4.2019 at Rail Bhawan, New Delhi, under the Chairmanship of Shri P.K.Sinha, Cabinet Secretary.

It was held after the most inordinate delay i.e. after the lapse of nine years that the National Council meeting was convened. The decision of NJCA to organize Dharna on 28.3.2019 (which was deferred) is what triggered the Government to convene the meeting.

The meeting commenced at 11.30AM and ended at 2.30 PM. In the introductory remark, the leader and the Secretary Staff Side touched upon the following points.

1 Survival of JCM ;revival of Departmental Councils; maintenance of its stipulated frequency.
2 Closure of offices- restructuring consultation with the Staff Side and Unions affected; with particular reference to CPWD, Printing Presses and Defence Industry.
3 Increasing litigations; Governments disregard to its own National litigation policy making employees and pensioners to incur huge expenditure. Non implementation of even Supreme Court decisions- MACP promotional hierarchy, MACP date of effect, increment on 30th June and 31st December etc
4 NPS and other pension related issue
5 Recognition Rules, delay in the grant of recognition
6 Arbitration Awards.
7 Non honoring of the assurance held out by the GOM to revisit the minimum wage and fitment formula
8 One more option to switch over to the 7th CPC
9 Non issue of clarification on the question of minimum pay for promotes after 1/1/2006
10 Reduction in the quantum of Night Duty Allowances
11 Ex-Service man pay fixation
12 Compassionate Appointment and its restriction
13 Outsourcing and Casualization of permanent Jobs
14 Regularization of Casual workers- include casual service for pensioner benefits
15 Running Allowance of Railway Workers with tax free banefit
16 CGHS deficiencies
17 Necessity to hold meetings by held and pension Secretary with Staff Side
18 One time relaxation for LTC-80 fare

Agenda items and Action Taken Statement items

1 Grant of FMA in lieu of OPD for CGHS beneficieries beyond 70 years of age Not agreed
2 Sanction of incentive for those working in terrorist infested areas Will be examined
3 Gandhi Nagar as link city to Ahemdabad Orders issued
Upgradation Jam Nagar Orders issued
5 A-1 status to Bengaluru from 16.1.2007 Order issued
6 Upper age limit to be raised from 45 for departmental candidates No agreed
7 Casual labourers – grant of temporary status and regularization Under consideration
8 Restricted holiday for industrial workers Not agreed
9 Applicability of ccs (RSA) Rules to indust4rial workers of Defence MOD will take final decision with in a month
10 Recruitment personnel for erstwhile Gr D functions Will be examined
11 Arbitration Awards Matter will be discussed bilaterally with the staff side to reach a settlement
12 Benefit of Rule 10 CCS (RP) Rules for those completed 1 year service maximum Will be reexamined
13 JCM coverage for GR B Being examined
14 GPF for those recruited after 1.1.2004 Will be considered as optional
 15 Washing allowance Subsumed in the dress allowance
16 Running allowance/transport allowance to be exempt from IT Agreed to reconsider
17 Grant in temporary status to casual labourers Will be considered
18 Parity in Pay scale of workshop staff in postal with Railways and Postal Agreed to reconsider
19 Island/NER spl duty allowance to be exempt from Income Tax Will be considered
20 Non availability certificate from Estate officer for HRA Will be re examined
21 Stepping up of pay with Juniors under ACP/MACP Orders will be issued
22 Increase in residency period for future promotions Staff side will give separate note
23 FR 15 (a) protection of pay Not agreed.
New item will be introduced
Grant of Med.Advance at 90% for conventional deceases Orders will be issued
25 Reimbursement of additional charges paid on account of over stay in hospitals Chairman suggested to consider the following-
Reimburse fully to the patient
Black list the hospital
MOH will decide
26 Reimbursement of oxygen charges Orders issued
LTC for dependant parents Orders issued in 2017
28 Revised scheme on compassionate appointment Will be examined with reference to the discussion at the meeting
29 Family pension for unmarried/divorced/widowed sister Will be considered
30 Created of NFSG grade to UDCs, stenographer Under consideration
31 Hostelsubsidy Order issued
32 Constant attendant allowance Not agreed
33 Revision of pension for those who compulsorily retired 2.57 multiplication factor will be applicable to all. Extension of new option is under consideration
34 Stitching charges Subsumed in dress allowance
35 Hospital patient care allowance Will be discussed in a special meeting with Secretary, Health
35 Moped allowance Abolished
36 Sports increment Orders issued
37 Consultation with UPSC under Rule 9 of Pension Rules Dropped
38 Litigation issues on service matters The chairman ruled that where the SC has given decision in rem, it will be implemented in the case of all similarly placed personnel
39 Revised FMA in border areas Settled, order issued
40 Revision of risk allowance to civilian employees Staff side to introduce fresh item
41 CGHS rates Referred to MOH special meeting
42 Revision of funeral advance Orders issued
43 Exemption from payment of income tax for personnel beyond 80 years

With greetings

Your fraternally

(Shiva Gopal Mishra)
Secretary

Filed Under: NC JCM Staff Side Tagged With: NC JCM Staff Side

Outcome of 47th National Council Meeting held on 13th April 2019 – NC JCM Staff Side

April 15, 2019 by Admin

Outcome of 47th National Council Meeting held on 13th April 2019 – NC JCM Staff Side

The National Council JCM Staff Side Secretary has published a detailed report of meeting held on 13.4.2019 with Cabinet Secretary of Shri P.K.Sinha
Complete feedback of 47th Meeting of National Council Meeting held on 13.04.2019

Shiva Gopal Mishra
Secretary

National Council (Staff Side)

Joint Consultative Machinery

for Central Government Employees

13C, Ferozshah Road, New Delhi – 110001

E-Mail : [email protected]

No.NC-JCM-2019/NC meeting

April 13,2019

To
All Members of the National Council (Staff Side) JCM
Dear Comrades,

The 47th meeting of the National Council was held on 13.4.2019 at Rail Bhawan, New Delhi, under the Chairmanship of Shri P.K.Sinha, Cabinet Secretary. It was held after the most inordinate delay i.e. after the lapse of nine years that the National Council meeting was convened. The decision of NJCA to organize Dharna on 28.3.2019 (which was deferred) is what triggered the Government to convene the meeting.

The meeting commenced at 11.30AM and ended at 2.30 PM. In the introductory remark, the leader and the Secretary Staff Side touched upon the following points.

1 Survival of JCM ;revival of Departmental Councils; maintenance of its stipulated frequency.
2 Closure of offices- restructuring consultation with the Staff Side and Unions affected; with particular reference to CPWD, Printing Presses and Defence Industry.
3 Increasing litigations; Governments disregard to its own National litigation policy making employees and pensioners to incur huge expenditure. Non implementation of even Supreme Court decisions- MACP promotional hierarchy, MACP date of effect, increment on 30th June and 31st December etc
4 NPS and other pension related issue
5 Recognition Rules, delay in the grant of recognition
6 Arbitration Awards.
7 Non honoring of the assurance held out by the GOM to revisit the minimum wage and fitment formula
8 One more option to switch over to the 7th CPC
9 Non issue of clarification on the question of minimum pay for promotes after 1/1/2006
10 Reduction in the quantum of Night Duty Allowances
11 Ex-Service man pay fixation
12 Compassionate Appointment and its restriction
13 Outsourcing and Casualization of permanent Jobs
14 Regularization of Casual workers- include casual service for pensioner benefits
15 Running Allowance of Railway Workers with tax free banefit
16 CGHS deficiencies
17 Necessity to hold meetings by held and pension Secretary with Staff Side
18 One time relaxation for LTC-80 fare

Agenda items and Action Taken Statement items

1 Grant of FMA in lieu of OPD for CGHS beneficieries beyond 70 years of age Not agreed
2 Sanction of incentive for those working in terrorist infested areas Will be examined
3 Gandhi Nagar as link city to Ahemdabad Orders issued
Upgradation Jam Nagar Orders issued
5 A-1 status to Bengaluru from 16.1.2007 Order issued
6 Upper age limit to be raised from 45 for departmental candidates No agreed
7 Casual labourers – grant of temporary status and regularization Under consideration
8 Restricted holiday for industrial workers Not agreed
9 Applicability of ccs (RSA) Rules to industrial workers of Defence MOD will take final decision with in a month
10 Recruitment personnel for erstwhile Gr D functions Will be examined
11 Arbitration Awards Matter will be discussed bilaterally with the staff side to reach a settlement
12 Benefit of Rule 10 CCS (RP) Rules for those completed 1 year service maximum Will be reexamined
13 JCM coverage for GR B Being examined
14 GPF for those recruited after 1.1.2004 Will be considered as optional
 15 Washing allowance Subsumed in the dress allowance
16 Running allowance/transport allowance to be exempt from IT Agreed to reconsider
17 Grant in temporary status to casual labourers Will be considered
18 Parity in Pay scale of workshop staff in postal with Railways and Postal Agreed to reconsider
19 Island/NER spl duty allowance to be exempt from Income Tax Will be considered
20 Non availability certificate from Estate officer for HRA Will be re examined
21 Stepping up of pay with Juniors under ACP/MACP Orders will be issued
22 Increase in residency period for future promotions Staff side will give separate note
23 FR 15 (a) protection of pay Not agreed.
New item will be introduced
Grant of Med.Advance at 90% for conventional deceases Orders will be issued
25 Reimbursement of additional charges paid on account of over stay in hospitals Chairman suggested to consider the following-
Reimburse fully to the patient
Black list the hospital
MOH will decide
26 Reimbursement of oxygen charges Orders issued
LTC for dependant parents Orders issued in 2017
28 Revised scheme on compassionate appointment Will be examined with reference to the discussion at the meeting
29 Family pension for unmarried/divorced/widowed sister Will be considered
30 Created of NFSG grade to UDCs, stenographer Under consideration
31 Hostelsubsidy Order issued
32 Constant attendant allowance Not agreed
33 Revision of pension for those who compulsorily retired 2.57 multiplication factor will be applicable to all. Extension of new option is under consideration
34 Stitching charges Subsumed in dress allowance
35 Hospital patient care allowance Will be discussed in a special meeting with Secretary, Health
35 Moped allowance Abolished
36 Sports increment Orders issued
37 Consultation with UPSC under Rule 9 of Pension Rules Dropped
38 Litigation issues on service matters The chairman ruled that where the SC has given decision in rem, it will be implemented in the case of all similarly placed personnel
39 Revised FMA in border areas Settled, order issued
40 Revision of risk allowance to civilian employees Staff side to introduce fresh item
41 CGHS rates Referred to MOH special meeting
42 Revision of funeral advance Orders issued
43 Exemption from payment of income tax for personnel beyond 80 years

Filed Under: NC JCM Staff Side Tagged With: NC JCM Staff Side

Increment Issue Retiring on 30th June and 31st December – NFIR

December 16, 2018 by Admin

Increment Issue Retiring on 30th Jun and 31st December – NFIR

Grant of increment on notional basis on 1st January & 1st of July to those employees retiring on 30th June/31st of December – Apex Court order

NFIR
National Federation of Indian Railwaymen
3, Chelmsford Road, New Delhi – 110 055

No.I/II/Part-I

Dated 11.12.2018

The Secretary (Pers),
Ministry of Finance,
Department of Expenditure,
North Block,
New Delhi

Sub: Grant of increment on notional basis on 1st January & 1st of July to those employees retiring on 30th June/31st of December – Apex Court order-reg.

Dear Sir,
Pursuant to the implementation of the recommendations of 6th CPC, the Staff Side of National Council (JCM) had raised the demand, urging that the Central Government Employees including Railway employees who complete one year service as on 30th June and 31st December every year should be granted one increment notionally on 1st January or 1st July for calculating settlement benefit of those employees who retire on 30th, June or 31st December each year.

The Government however did not agree to the demand on the plea that allowing increment is not covered under the rules.

In the above context, NFIR desires to bring to the notice of MoF that the High Court at Madras was approached by some employees through Writ Petition No. 15732/2017 praying relief in the matter.

On 15/09/2017, the High Court at Madras decided on the Writ Petition and passed order as follows:‑

“Para-7 The Petitioner herein had completed one full year service as on 30/06/2013, but the increment fell due on 01/07/2013, on which date he was not in service.

In view of the above Judgment of this Court, naturally he has to be treated as having completed one full year of service, though the date of increment falls on the next day of his retirement.

Applying the said one notional increment for the period from 01/07/2012 to 30/06/2013, as he has completed one full year of service, though his increment fell on 01/07/2013, for the purpose of pensionary benefits and not for any other purpose”.

Against the above order of the High Court an SLP was filed by the Government of India before the Hon’ble Supreme Court, which was however dismissed by the Apex Court.

The legal position as established above clearly indicates that the employee who has completed one full year service as on 30th June or 31st December, as the case may be, should be granted one notional increment despite the fact that the increment falls on 1st July or 1st January of the year. The Federation cites following illustration to prove our contention:-

“An employee who has completed one full year of service as on 30th June (date of birth being 30th June or 1st July) and 31st of December (date of birth being 31st December or 1st January) is eligible to get one notional increment for the period from 01/07/2018.

Similarly an employee is eligible to get one notional increment for the period from 01/01/2018 to 31/12/2018 even though the increment falls on 01/01/2019 whose date of retirement is 31/12/2018″.

NFIR, therefore, requests the Secretary, MoF to kindly consider the above points and see that instructions are issued to all Ministries/Departments to grant increment on notional basis to the staff in the situations mentioned above to calculate the terminal/retirement benefits and also revise these benefits in favour of those who have already retired. A copy of instructions issued may kindly be endorsed to the Federation.

Yours faithfully
sd
(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

Click To View Letter

Filed Under: 7th CPC Updates Tagged With: Central Government Employees, NC JCM Staff Side, NFIR

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