Joint Consultative Machinery (JCM)

• The Joint Consultative Machinery and Compulsory Arbitration Scheme for Central Government Employees was inaugurated on October 28,1966.

• Joint Consultative machinery (JCM) was formed by Cabinet Minister Shri Guljari Lal Nanda on 28.10.1966.

• Whitely Machinery in the U.K

• Opening of a new chapter

• With the object of promoting harmonious relations and securing the greatest measure of cooperation between the government and its employees in matters of common concern, and with the further object of increasing the efficiency of the public service combined with the well-being of those employed. 

• In 1960, the Central Government employees went on strike for five days from July 11-16, 1960.

• Recommended by the Second Pay Commission (1959).

• The J.C.M. provides for a three-tier structure and Joint Councils at the National, Departmental, Regional Office levels.

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

• the Class I services;

• the Class II services, other than the Central Secretariat Services and the other comparable services in the headquarters organization 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 scales going beyond GP 4200/- per mensem;

• employees of the Union Territories; and

• police personnel.

• all matters relating to conditions of service and work, 

• welfare of employees and improvement of efficiency and 

• standards of work

• Not - (i) in regard to matters of recruitment, promotion and discipline, consultation is limited to matters of general principles only, and 

• Not -(ii) individual cases are not considered.

• National Council deals only with matters affecting Central Government employees generally, such as pay of common categories of staff, allowances, etc.

• Departmental Council deals with matters affecting only the employees in the Ministries/Departments concerned.

• The Office/Regional Councils deal with regional or local issues only.

• Official Side         Staff Side

• NC                     25                      60 (Rly 24)

• DC                     10             20 to 30 (19 AIRF + 11 NFIR)

• Office Council     5                        8

• Representatives for a term of 3 years, but there will be no bar to renomination.

• Vacancies caused by death, retirement, resignation, transfer etc. will be filled for the unexpired term.

• No person who is not an employee or an honorably retired employee of the Central Government shall be a member of the Council.

• Quorum of meetings thereof, as soon as nominations of at least 1/3^rd of the total strength of the Staff Side of the Office Councils, which constitute the required quorum. The quorum shall be 1/3^rd each of the strengths of the Official and Staff Sides.

• 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. 

• The Department of Personnel & Training being the nodal department for matters relating to Joint Consultative Machinery and Compulsory Arbitration.

• Facility of special casual leave up to 20 days in a year to the office bearers of the associations.

• 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 (BOA) if so desired by the staff side.

• Before a disagreement is recorded, the concerned Ministry must obtain approval of the Cabinet for the same. 

• The Labour Ministry would submit it for arbitration, within 7 days of the receipt of the case.

• 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. The first Board of Arbitration was established in July 1968.  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 Arbitration is limited to the following issues: 

• (a) Pay and allowances 

• (b)Weekly hours of work and 

• (c) Leave 

• of a class or grade of employees.

• 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. Through a formal resolution on grounds affecting national economy or social justice.

• 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. The validity of award of Board of Arbitration is 3 years. 

• After the decision (Award) of the Board of Arbitration is received, the Award would either be implemented, or resolutions moved in both the Houses of Parliament within six months (proposing modification/rejection of the Award).

• Staff Side would be intimated immediately after a decision is taken to reject or modify the Award.

• JCM NC meetings organized in a year - 2 times (Every 6months).

• President of JCM/National Council -Cabinet Secretary of Indian Government.

• President of JCM - DG (HR) (earlier Member Staff).

• The ordinary meetings of the DC shall be held as often as necessary, and not less than once in four months.

• Meetings of the Joint Council at Office level shall be held at least once in two months.

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

• Before how many days agenda of JCM should be given -One Month Before.

• 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.

• Members of the Council:

  1.     Chairman: Cabinet Secretary

  2.     Chairman or Member (Staff) or Additional Member (Staff), Ministry of Railways, Railway Board.

  3.     Financial Commissioner or Additional Member (Finance), Ministry of Railways,    
          Railway Board.

  4.    Secretary (Defence), Ministry of Defence.

  5.    Secretary (Defence Production), Ministry of Defence.

  6.   Secretary, Department of Posts.

  7.   Secretary (Finance), Ministry of Finance.

  8.   Deputy comptroller & Auditor General, O/o Comptroller & Auditor General.

  9.   Secretary (Home), Ministry of Home Affairs.

  10. Secretary, Ministry of Urban Development & Poverty Alleviation.

  11. Secretary, Department of Personnel & Training.

  12. Secretary, Ministry of Labour.

  13. Secretary, Department of Health.

  14. Secretary, Department of Expenditure.

  15. Secretary, Department of Atomic Energy.

  16. Secretary, Department of Revenue.

  17. Secretary, Department of Science & Technology.

  18. Joint Secretary (Estt.), Department of Personnel & Training.

  19. Joint Secretary (Pers.), Department of Expenditure.

  20. Member Secretary-Director/Deputy Secretary (JCA), DOPT.

• Standing Committees

  The Council may have the following Standing Committees:-

  (A):     Industrial Standing Committee:

          It shall deal with matters relating to industrial staff only and shall be appointed by the Council.

  (B):    Non-Industrial Standing Committee:

          It shall deal with matters relating to non-industrial staff and shall be appointed by the Council.

• DISTRIBUTION OF STAFF SIDE MEMBERSHIP SEATS AMONG MINISTRIES

  ( Vide clause 5(1)(c) of the Constitution of the National Council ) 

   

• Before a case is referred to a Board of Arbitration, the following conditions will have to be satisfied:- 

  (a)    the subject should be one for which compulsory arbitration is provided according to the provisions of clause 16 of the Scheme; 

  (b)  the dispute should have been considered either by the National Council or the appropriate Departmental Council.  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; 

  (c)    a final disagreement between the Official Side and the Staff Side should be recorded; and 

  (d)    there must be a specific request for reference to arbitration by either the Official Side or the Staff Side.

• A representative of a recognized association/union, which was nominated to a joint council while in Government service, can automatically continue to be a member of the council even after his retirement from Government service if the period of three years from the date of his nomination (as provided in clause 8 of the Scheme) has not expired, and the association/union concerned desires him to continue as a member till the expiry of the period of three years. The continuance of such a member, who becomes an ex-employee on his retirement, is possible, provided:

  1. the association/union which has nominated the member intimates the Ministry/Department concerned its desire to continue him as a member even after retirement from Government service till the completion of the term of three years; and

  2. the Ministry or Department concerned permits the continuance of such a member after examining the merits of the case.

  Ministry of Home Affairs's No. 3/25/69-JCA  23^rd August, 1969

• The Royal Commission on Labour in 1931 recommended the establishment of a joint standing machinery for Railways. However, the Home Department did not accept the proposals.