Permanent Negotiating Machinery (PNM)

Permanent Negotiating Machinery (PNM) 

The system of Permanent Negotiating Machinery was evolved in December, 1951 as a result of talks between the Railway Board and organized labour for dealing with disputes between Railway Labour and the Administration, 1.1.1952. V.V.Giri.

It was founded by shri. V.V.Giri in the year 1951 when Shri Lal Bahadur Shastri was the Railway minister of India.

Object :

With a view to maintain the contact with organised labour and to settle differences and disputes arising between organised labour and Railway administration a machinery has been setup and is called as permanent negotiation machinery.

The machinery is envisaged in three tiers; one at the Railway level, the recognized Unions having access to divisional officers and subsequently to officers at the headquarters including the General Manager ; at the next tier matters not settled at Railway level will be taken up by the respective Federations with the Railway Board ; and at the third tier , in cases in which agreement is not reached between the Federation and the Railway Board and the matters are of sufficient importance, reference will be made to an adhoc Railway Tribunal composed of representatives of the Railway Administration and labour presided over by a neutral Chairman.

The procedure laid down for the working of the PNM is stated to be as follows:- 

(i) At the divisional level the Divisional officers should meet the branches of the recognized unions which may be established in the divisions, at least once in two months and oftener if necessary. Each workshop will be considered as a division. The particular branches which should meet the Divisional officers should be agreed upon between the General Manager and the union. Maximum number of subjects for discussion is 30. The detailed procedure of arranging these meetings should be agreed upon with the Union, but this should include a provision that the branch should supply in sufficient time before the meeting the subjects which it proposed to raise at the meeting with memoranda setting out its point of view. This would enable the Divisional Officers to examine the questions and be prepared to take part in a useful discussion. 

(ii) At the Railway Headquarters, the General Manger or the Assistant Deputy General Manager in charge of staff will meet the unions at least once a quarter and oftener if necessary. 

(iii) All disciplinary matters and subjects like promotion, transfer etc. of individual members of the staff which do not involve any general principle will be excluded from the scope of the discussions at all these levels, except at the discretion of the officer concerned. If, in an integrated unit, there is disparity between the existing privileges in matter and agreement cannot be reached with the Union on a uniform application of some procedure, the matter should be referred to the Railway Board for further instructions. Pending the receipt of these instructions, the general rule set out above should be followed. 

(iv) At the Railway level, subjects will comprise those, which are within the powers of the officers concerned 

(v) Questions concerning pay scales, allowances etc. will only be discussed between the Federation and the Railway Board and not at lower levels. 

 (vi) At the Board level, negotiations will be between the Railway Board and the two Federations and for this purpose, there will be half yearly meetings between the Railway Board and the Federations. 

(vii) When a matter which is raised for discussion at the divisional level is not settled by agreement, it may be raised at the Zonal level, for further negotiation. Similarly, a matter not settled at the Zonal level may be brought up by the two Federations to the Railway Board for discussion. All subjects brought up for discussion at the various levels should be disposed of as expeditiously as possible.

(viii) If, after discussions between the Railway Board and the Federations, agreement is not reached between the two sides on any matters of importance, such matters may be referred to an adhoc Railway Tribunal which will be set up for dealing with them at the Centre. This tribunal will consist of an equal number of representatives of Railway labour and the Railway Administration with a neutral Chairman. The Tribunal will be enabled to make such investigations as they deem necessary before they give their decision.

(ix) It would be open to Government to accept, reject or modify the decision of the Tribunal. 

(x) Matters which were settled by agreement or in which Government ultimately accept the decision of the Tribunal, it will not be open to the Federation to raise the same issues again for a period of two years. In those cases in which Government have rejected or modified the decision of the Tribunal, the issue may be raised at the end of one year.

(xi)During the evidence, a representative of All India RPF Association submitted that in 2003-04, the PNM was extended to All India RPF Association alongwith NFIR & AIFR.

(xii)A representative of the All India SC-ST Railway Employees Association when appeared before the Committee stated that though the Association is recognized for participation but the meetings are not formal and neither the minutes were circulated.

(xiii)The number of representatives of Unions/Federations permitted to attend the PNM Meetings is 25 at Boards level and 20 at Head Quarter level and Divisional level.

(xiv)Number of PNM meetings are accounted as per calendar year and not financial year.

(xv) PNM was on three-tier basis

1. The Railway level

2. The Railway Board level

3. The Ad-hoc tribunal level

1. The Railway Level:

At Railway level there are further two levels

i) The divisional level/store depot level/workshop level

ii) The Zonal Railway level

i) The divisional level/ store depot level/workshop level :

a) DRM/ Dy. COS/ CWM works as it’s chairman and the Sr. DPO/ DPO/ SPO/ APO works as its sectary.

b) Subject agenda must be circulated one month in advance. Out of agenda items may also be discussed with permission of chairman and chairman can discussed any item out of agenda.

c) Meeting : once in two month separately with representatives of NRMU & CRMS.

d) Matters discussed which comes within the powers of DRM/ Dy. COS/ CWN.

ii) Zonal Railway Levels :

a) Chairman- GM Secretary - CPO.

b) Subject agenda must be circulated one month in advance. Out of agenda items may also be discussed with permission of chairman and chairman can discussed any item out of agenda.

c) Meeting : once in three months separately with representatives of AIRF, NFIR, NRMU & CRMS.

d) Matters discussed which comes within the powers of GM or which could not be settled at the divisional level.

2. The Railway Board Level :

a) Chairman- Member staff

Secretary - Dy. Director Establishment

b) Subject agenda must be circulated one month in advance. Out of agenda items may also be discussed with permission of chairman and chairman can discussed any item out of agenda

c) Meeting : once in three months separately with representatives of NFIR & AIRF.

d) Matters discussed which comes within the powers of Railway Board or which could not be settled at the Zonal Railway level.

3. Ad-hoc Tribunal Level :

a) The matter of important nature on which no agreement is reached upto the Railway Board level.

b) Chairman would be retired judge of High court or Supreme court having his own staff, and equal representatives of labour and administration.

c) The award given by the tribunal is not binding. The government may accept, reject or modify the award of the tribunal.

d) The matter settled by the tribunal or decision of tribunal once accepted by the government shall not be opened by unions for a period of two years.

e) Where the government reject or modify the decision of the tribunal then the same items may be raised at the end of the year by the union.