Joint Consultative Machinery-An Overview

Joint Consultative Machinery-EvolutionThe scheme of Joint Consultative Machinery is a platform

forconstructive dialogue between the representatives of the staffside and the official side for peaceful resolution of all disputesbetween 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.

Joint Consultative MachineryScopeConstitution and ProcedureLevelsNational CouncilDepartmental CouncilRegional/Office CouncilsArbitrable IssuesCompulsory Arbitration

ScopeThe Scheme is a voluntary oneThe 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

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.

Constitution and ProcedureThe 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.

Functions of Joint CouncilsDeal with all matters concerning the conditions of

work, standards of work, efficiency and staff welfareHowever, 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.

NATIONAL COUNCIL

The National Council is the apex body. It is one of the largest joint councils consisting of 85 membersThe 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.

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

Regional Office CouncilThe 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.

Arbitrable IssuesWhen 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; andLeave;

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.

Arbitrable IssuesProcedure 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.

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. 

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