The Presentation is about the structure and functioning of Joint Consultative Machinery in Govt. Of India.An attempt has been made to provide an overview of the mechanism.
2. Joint Consultative Machinery-
Evolution
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.
3. Joint Consultative Machinery
Scope
Constitution and Procedure
Levels
National Council
Departmental Council
Regional/Office Councils
Arbitrable Issues
Compulsory Arbitration
4. Scope
The Scheme is a voluntary one
The government and the employees unions and
associations who participate in the scheme are
required to subscribe to a Declaration of Joint
Intent
Accordingly, both the sides (the government and
the staff associations and unions) agree to full
and frank discussions on all matters in the Joint
Councils to reach agreements
The unique feature of the Scheme is its coverage
of both industrial and non-industrial of the
government
5. Constitution and Procedure
The Scheme covers all the regular Central
Government civil employees except the
following:-
Members of Group 'A' services;
Members of Group ‘B' services other than the
Central Secretariat Services and the other
comparable services in the Headquarters
organisation of the Government;
Persons in industrial establishments employed
mainly in managerial or administrative capacity and
those who being employed in supervisory capacity
draw salary in the revised scales, the maximum of
which exceeds Rs. 8,900/-
Employees of the Union Territories; and
Police personnel.
6. Constitution and Procedure
The Machinery will supplement and not replace
the facilities provided to employees to make
individual representations or to Associations /
Unions to make representations on matters
concerning their respective constituent service,
grades, etc.
There will be a Joint Council at the National
level.
Besides the Joint Council at the National level,
there will be two councils at lower levels, viz.,
Departmental and Regional/Office.
7. Functions of Joint Councils
Deal with all matters concerning the conditions of
work, standards of work, efficiency and staff welfare
However, in matters of recruitment, promotion and
discipline, consultation is limited only to matters of
general principles and individual cases are not
considered.
The Councils may appoint Committees to study and
report on any matter falling within their scope.
If the matter is arbitrable and a final disagreement
was to be recorded it may be referred to arbitration, if
either side desires so.
However, compulsory arbitration is not available at
regional office council level.
8. NATIONAL COUNCIL
The National Council is the apex body.
It is one of the largest joint councils consisting of 85
members
The official side will consist of up to 25 members who will
be nominated by the Government which will include the
Cabinet Secretary, Secretaries of Ministries of Home
Affairs, Labour, Communications, Defense, Finance
(Department of Expenditure and Revenue) and Ministry of
Railways.
The staff side, consist of up to 60 members, is nominated
by the recognised federations/ unions/ associations of the
employees. The seats are distributed between the
federations/unions/associations by the Chairman of the
council. The distribution of seats is based on the numerical
strength of staff employed in each Ministry/Department.
The Cabinet Secretary is the Chairman of the Council. He
is the leader of the official side and is connecting link
between the government and the employees.
9. DEPARTMENTAL COUNCIL
The Departmental Councils are constituted at the
Headquarters of each Department.
The Official side will consist of 5 to 10 members and
the Head of the Ministry/Department will be the
Chairman of the Departmental Council.
The Staff Side will consist of 20 to 30 members,
depending on the total strength of the employees and
the number of grades and services in the Department.
For Ministry of Defence Establishments, however, a
four tier arrangement was agreed to and accordingly
in the case of Ordnance Factories in addition to JCM-I
(National) and JCM-II (Departmental), the following
Joint Councils were set-up :- JCM – III : functioning at
CGDA HQrs. JCM – IV : functioning in each office of
PCDA/CDA in the organisation
10. Regional Office Council
The scope of the Regional Office council includes
all local matters relating to conditions of work,
welfare of employees, improvement of efficiency
and standards of work with particular reference to
the local conditions
The membership of 'Official' side may not exceed
five and the staff side six, the distribution of seats
on the staff side between the Unions/Associations
by the Chairman of particular council on the basis
of their strength
The meeting of the Office/Regional level should
be held at least once in three months.
The quorum shall be l/3rd each of the strengths of
the official and staff sides.
11. Arbitrable Issues
When the matter cannot be settled by negotiations in
the National Council/ Departmental Councils, the
Scheme provides for compulsory arbitration in respect
of—
Pay and allowances;
Weekly hours of work; and
Leave;
If no agreement is reached on arbitrable issues, the
matter may be transmitted to a Committee of the
Council for further examination and report
Before a final disagreement is recorded, the
concerned Ministry must obtain the approval of the
Cabinet for the same.
12. Arbitrable Issues
Procedure for recording the disagreement should
be completed within two months' time from the
date it is decided to record a disagreement
When 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.
13. COMPULSORY ARBITRATION
The government is required to appoint a Board of
Arbitration under clause 19 of the scheme.
The Board consists of three members: one is
drawn from a panel of five names submitted
by the official side, second from a similar
panel submitted by the staff side of the
National Council, and the third a Chairman,
who is an independent. The Chairman and the
members are selected by the Ministry of Labour.
Under JCM scheme, 259 references have been
made to the Board so far, for settlement. Out of
these 257 have been decided by BOA.