Friday, May 31, 2019
Wednesday, May 29, 2019
Tuesday, May 28, 2019
Confederation National Secretariat Meeting on 04-07-2019 - New Delhi
NOTICE
No.Confdn/Notice/2016-19 Dated 27-05-2019
Meeting of the National
Secretariat of Confederation of Central Government Employees & Workers will
be held on 04-07-2019 (04thJuly2019, Thursday) at 03-00pm at NFPE
Office, 1st Floor, North Avenue Post Office Building, New Delhi –
110 001.
All National Secretariat
Members (including office bearers of Women’s Subcommittee) are requested to
attend the meeting in time.
The following shall be the agenda of the meeting:
- Agenda -
(1) Pending demands of the Central Government Employees - New Government and our approach
including future course of action.
(2) Preparations for the next National Conference of Confederation.
(3) All India Trade Union Education Camp of Confederation.
(4) Financial review.
(5) Any other items with the permission of the Chair.
Yours fraternally,
M.KRISHNAN
Secretary General
Confederation
Mobile:09447068125
mkrishnan6854@gmail.com
Sunday, May 26, 2019
Saturday, May 25, 2019
Tuesday, May 21, 2019
Sunday, May 19, 2019
Friday, May 17, 2019
Thursday, May 16, 2019
Tuesday, May 14, 2019
Sunday, May 12, 2019
APPLEAL FOR GENEROUS CONTRIBUTION TO THE ODISHA CHIEF MINISTER’S RELIEF FUND TO REBUILD FANI DEVASTATED ODISHA
URGENT / IMPORTANT CIRCULAR
To
All
Affiliated Organizations of Confederation
All
State / District C-O-Cs
Dear
comrades,
As all
of you are aware the severe cyclonic storm FANI
or the ‘Hood of Snake’ tore through the State of Odisha, becoming of the worst
storms to hit the country since 1999. The cyclone brought winds of more than
250kmph when it made land fall near Puri on May 3. The storm caused several
deaths, demolished 5,08,467 houses and affected 1.5 crore people and 87,39,757
animals of 16,659 villages in 159 blocks and 52 urban local bodies of 14
districts and rendered millions of people homeless in the cities of Puri,
Bhubaneswar, Cuttack and Khurda. The cyclone left a trail of devastation in
large parts of coastal Odisha, with the seaside areas being the worst hit.
It is
needless to mention here that since the Super Cyclone on 29th
October 1999, the State of Odisha has been severally affected by cyclonic
storms namely ‘Philine’ on 14th October 2013, ‘Hud hud’ on 12th
October, 2014, ‘Titli’ on 11th October 2018 and now ‘Fani’ on 3rd
May 2019.
To
rebuild Odisha and to help the FANI affected people, the Hon’ble Chief Minister
of Odisha has appealed to the citizens , Central / State Govt Organizations /
Undertakings, Corporate / Industrial / Commercial houses, Charitable Trusts,
Banks and other Financial Institutions to donate generously to the Chief
Minister’s Relief Fund in form of Cheques / Bank Drafts to the following
address.
OFFICER ON SPECIAL
DUTY (Chief Minister’s Relief Fund)
GENERAL
ADMINISTRATION AND PUBLIC GRIEVANCES DEPARTMENT
STATE SECRETARIAT,
BHUBANESWAR, ODISHA – 751 001
Donations
can also be sent in the website of Chief Minster’s Relief Fund (www.cmrfodisha.gov.in) through
Credit / Debit Card, Net Banking and UPI. Donations to the Chief Minster’s Relief
Fund are completely income tax free under Section 80(G) of Income Tax Act,
1961.
Details of Bank
Account:
S.No.
|
SB Account No.
|
IFSC code
|
Bank Details
|
1
|
11109339165
|
SBIN0010236
|
State Bank of
India
Secretariat Branch
Bhubaneswar
|
2
|
006101057842
|
ICIC0001499
|
ICICI Bank
Chandrasekahrpur
Bhubaneswar
|
3
|
50100124242015
|
HDFC0000122
|
HDFC Bank
Jaydev Vihar
Branch
Bhubaneswar
|
Under the
situation, it is our bounden duty to stand with the people of Odisha and extend
our whole-hearted cooperation to them through generous contributions to Odisha
Chief Minister’s Relief Fund as detailed above.
Confederation
National Secretariat calls upon all Affiliated Organizations and C-O-Cs to
collect maximum amount as donation from employees and remit it to Odisha Chief
Minister’s Relief Fund, before 10th June 2019.
Yours fraternally,
M.KRISHNAN
Secretary General
Confederation
Mob:09447068125
e-mail: mkrishnan6854@gmail.com
Friday, May 10, 2019
Joint Consultative Machinery (JCM)
Joint Consultative Machinery - Introduction
INTRODUCTION
1. A Scheme for joint consultation with the organizations of
Government servants on the pattern of the Whitely Machinery in the U.K. was
recommended by the Second Pay Commission (1959). After working out the details
in consultation with the leaders of the employees, the Scheme (Appendix I) was
introduced in 1966. It broadly covers over 95% of the regular civil employees
of the Central Government including industrial employees working in
departmentally run undertakings like the Railways and the Workshops/Production
Units of various Ministries. The Scheme is a voluntary one, and the Government
as well as the Staff Associations/Unions participating in the Scheme are
required to subscribe to a Declaration of Joint Intent (Appendix II), which
inter alia provides for abjuration of agitational methods by the Staff
Unions/Associations for redressal of their grievances.
Objective
2. The Scheme has been introduced with the object of promoting
harmonious relations and of securing the greatest measure of cooperation between
the Government, in its capacity as employer, and the general body of its
employees in matters of common concern, and with the object, further, of
increasing the efficiency of the public service.
Applicability
3. 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 Rs. 2900/- per mensem;
employees of the Union Territories; and police personnel.
Scope of Joint Councils
4. The scope of the Joint Councils includes all matters relating to
conditions of service and work, welfare of employees and improvement of
efficiency and standards of work, provided, however, that (i) in regard to
matters of recruitment, promotion and discipline, consultation is limited to
matters of general principles only, and (ii) individual cases are not
considered. While the National Council deals only with matters affecting
Central Government employees generally, such as pay of common categories of
staff, allowances, etc., the 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.
Structure of Joint Councils
5. The Scheme provides for setting up Joint Councils at the National,
Departmental and Regional/Office levels. The National Council is the apex body.
Its Constitution is given in Appendix III. The detailed rules governing the
Conduct of Business of the National Council are given in Appendix IV.
Departmental Councils under the Scheme are set up in the
Ministries/Departments. A Model Constitution of the Departmental Council is
added at Appendix V. There will normally be one Departmental Council for each
Department. For two or more small Departments under a Ministry, there may,
however, be a single Council, especially if the nature of duties in the
departments are similar. The instructions governing the Conduct of Business of
the Departmental Councils are at Appendix VI. There will also be
Regional/Office Councils where the structure of a department permits the
setting up of such a Council. The Model Constitution of the Office Council is
at Appendix VII.
Composition of Joint Councils
6. Composition of various Joint Councils is as follows:
Maximum number of representatives
Official Side -- StaffSide
National Council 25 - 60
Departmental Council 10 - 20 to 30
Office Council 5 - 8
6.1 The Chairman may, in addition, nominate any temporary member to
the Official Side in connection with any particular item to be discussed at the
meeting of the Council.
Distribution of staff side seats
6.2.1 Where there are two or more Unions/Associations representing
different categories of staff the Chairman shall distribute the total
permissible representation on the Council on the basis of the respective
numerical strengths of the categories concerned.
6.2.2 Where there are two or more Associations/Unions representing
the same categories of staff the total permissible representation shall be
distributed by the Chairman on the basis of the respective membership of each
Union/Association.
6.2.3 If there has been change in the membership of the
Association/Union proportional representation given could only be changed after
verification of membership to be done in the manner advised by the Chief Labour
Commissioner.
6.2.4 Distribution of seats may also be done by the Chairman in
consultation with the Associations/Unions in any other manner acceptable to
Associations/Unions.
Nominations of representatives on the Staff Side
6.3.1 At the commencement of the constitution and thereafter when
occasions arise each recognized employees organization which term shall include
a Federation, a Confederation, an Association and a Union eligible for
representation on the Council, shall be intimated the number of members it may
nominate on the Council.
6.3.2 In the case of C.S.S. categories of staff nominations to the
Staff side from amongst the Staff of the Ministry will be made by the concerned
Central Associations/Unions/Federations recoginsed by the Government.
6.3.3 On receipt of intimation, a recognized employees’ organization
may intimate the names of its representatives nominated by its Executive
Committees.
6.3.4 In the event of retirement, resignation, death, etc., of a
representative of an employees’ organisation such organization may nominate or,
in the case of retirement, renominate its representative.
6.3.5 On receipt of intimation from the organisation the Chairman of the
Council shall consider whether the nomination is in accordance with the
provisions of the Scheme and inform the employees’ organization concerned.
GOI decisions (O.M. No. 1/2/64-JCA, dated 14-1-1964).
GOI decisions
(1) (i) According to the provisions of the
Scheme, representation on a Joint Council can be had by employees of any
particular grade only through their Association/Union, duly recognized for the
purpose. Therefore, before any category of staff can be considered eligible for
representation on a Joint Council, they would have to organize themselves into
an Association/Union and get it recognized. Employees who do not do so, will
not be eligible for representation on a Joint Council.
(ii) The representatives of the Staff Side on the Departmental
Council will be chosen directly from recognized Associations/Unions and not
from Regional/Zonal/Office Councils. (O.M. No. 1/2/64-JCA, dated 14-1-1964).
Term of Membership
6.4.1 The employees’ organizations will nominate their
representatives for a term of 3 years; but there will be no bar to
renomination.
6.4.2 Vacancies caused by death, retirement, resignation, transfer
etc. will be filled for the unexpired term. An Association may replace on the
Council such of its representatives as have ceased to be its office-bearer at
annual elections or by exigencies such as a vote of no confidence.
6.4.3 For the purpose of nomination of the Staff Side, only those
Federations, Associations/Unions will be recognized which had enjoyed
recognition before 1966 and which represent broadly and adequately all the
categories of employees of a Department. However, in the case of Department
where there has been no recognized Federation/Association/Union in the past, or
where the existing Federation etc., does not represent all the categories
adequately, will another Association/Union be recognized.
6.4.4 No person who is not an employee or an honorably retired
employee of the Central Government shall be a member of the Council.
Leader of the Staff Side
6.5 The Staff Side shall elect by simple majority, one of its
members as its Leader, who shall hold that office for a period of one year but
shall be eligible for re-election; a vacancy caused by dearth, retirement,
resignation, transfer etc. will be filled for the unexpired term.
GOI decisions (O.M. NO. 1/2/64-JCA, dated 1-1-1964)
GOI decision
The Staff Side would speak through their Leader and they should
iron-out their differences, if there are any, before their proposals could be
considered. (O.M. NO. 1/2/64-JCA, dated 1-1-1964).
Secretaries
6.6 The Official and Staff Side may each appoint its Secretary or
Secretaries from amongst its representatives.
Conduct of business in the Joint Councils
Frequency of Meetings
7.1.1 The ordinary meetings of the Council shall be held as often as
necessary, and not less than once in four months. A notice of an ordinary
meeting shall be sent to all members not less than fifteen days before the date
of the meeting.
7.1.2 As far as may be possible, the date of the next ordinary
meeting shall be fixed at each meeting of the Council.
7.1.3 Meetings of the Joint Council at Office level shall be held at
least once in two months.
GOI decisions (O.M. No. 4/1/67-JCA, dated 5-3-1968).
GOI decision
The meetings of the Departmental councils should be held regularly
in accordance with the relevant provisions in the rules for conduct of business
of the various Departmental Councils. (O.M. No. 4/1/67-JCA, dated 5-3-1968).
Quorum
7.2 The quorum shall be 1/3rd each of the strengths of the Official
and Staff Sides.
Agenda
7.3.1 A member desiring inclusion of a subject in the agenda of a
meeting will communicate the subject together with an explanatory memorandum to
the Secretary, Official or Staff Side, as the case may be, at least eight weeks
in advance of the meeting. The Secretary concerned shall make sure that the
subjects suggested fall within the purview of the Council and, thereafter,
place the draft agenda before the Chairman not less than seven weeks before the
due date of the meeting, for his approval to their inclusion in the agenda. If
any item is not included in the agenda, the Secretary, Staff Side or Official
Side, as the case may be, shall be informed of the fact and the reasons
therefore.
7.3.2 The agenda for an ordinary meeting shall be circulated to all
the members not less than thirty days before the meeting.
7.3.3 The agenda for a special meeting shall be circulated
simultaneously with the notice of the meeting.
7.3.4 Business not on the agenda may only be taken up with the
permission of the Chairman.
Minutes
7.4 The minutes of a meeting will be drafted under the directions of
the Chairman at the meeting and approved by the Council. They will thereafter
be circulated to the members of the Council.
Decisions in Joint Councils
7.5.1 The Official Side will conclude matters at the meetings of the
Council and will not reserve them for latter decision by the Government.
Subject to the final authority of the Cabinet, agreements reached between the
two sides of the Council will become operative.
7.5.2 If there is no agreement between the two sides, the matter may
be transmitted to a Committee of the Council for further examination and
report. But, if a final disagreement is recorded and the matter is one for
which compulsory arbitration is provided, it shall be referred to arbitration
if so desired by either side. In other cases, the Government will take action
according to its own judgment.
GOI decision
(1) (i) The agenda items for the next meeting should be obtained
from the Staff Side at least six weeks in advance and should be scrutinized to
see that the items are admissible and do not have repercussions on other
Departments; If they do the correct forum to discuss such items would be
National Council, and a reference may be made to the Department of Personnel
and Training at that stage itself so that the issue gets sorted out in time.
(ii) The Agenda items which are not proposed to be admitted should
be discussed with the representatives of the Staff Side so that the items can
either be modified or dropped after such discussions.
iii) The items should thereafter be processed with a view to
deciding the stand to be taken by the Government on these items and where
necessary the concurrence of Internal Finance/Ministry of Finance/Department of
Personnel & Training should be obtained well in time so that a decision can
be taken in the meeting itself. (O.M. No. 4/2/79-JCA, dated 20-7-80).
(2) Official briefs should be prepared uniformly in which the demand
of the Staff Side should be reproduced and thereafter the Official views of the
Government should be indicated. The Official briefs should also indicate the
conclusion of the Ministry/Department specifying whether or not the demand can
be accepted either in full or in part. (No. 3/37/79-JCA, dated 6-5-1980).
GOI decisions (O.M. No. 1/5/69-JCA, dated 30-1-1970)
GOI decision
The items proposed by the Staff Side should be examined
expeditiously, and, where the Official Side is inclined to concede the whole or
part of the demand, the orders of the competent authority should be obtained
before the meeting of the Council. Where, however, for any unavoidable reason,
the prior orders of the competent authority cannot be obtained before the meeting,
the item may be deferred for consideration to the next meeting or remitted to a
Committee of the Council. This would enable the Official Side to complete the
examination of the matter, and to obtain the orders of the competent authority
where necessary, before it is taken up for discussion/consideration in the
Council or its Committee. (O.M. No. 1/5/69-JCA, dated 30-1-1970).
Publications of statements
7.6 Only statements issued under the authority of the Council shall
be published; such statements shall be as full and informative as possible.
Standing Committees
7.7.1 The Standing Committees shall frame their own rules of procedures
subject to the approval of the Council. The Standing Committees shall not,
however, take final decisions on any subjects that come before them and shall
transmit their conclusions to the Council, except where powers have been
specifically delegated to them.
GOI decisions (O.M. No. 4/2/79-JCA, dated 11-11-1981).
GOI decision
(1) (i) Demands of the Staff Side made in the Departmental Council
should be scrutinized in advance, and the Ministries/Departments concerned
should take a view in the first instance if considered necessary in
consultation with Department of Personnel and Training, as to whether they fall
within the jurisdiction of the Departmental Council or in the National Council.
In the latter case, the Staff Side should be advised suitably. After admission
of an item, it would not be proper for the Official Side to disown the item or
for the Chairman to disallow discussion on the ground of conflict or
jurisdiction.
(ii) If the Staff Side of the Departmental Council do not accept the
Official Side view about the arbitrability of an item under the Scheme for JCM,
the matter should be referred to Department of Personnel and Training by name
to the Joint Secretary or Deputy Secretary in-charge of JCA Section. Till such
advice is available, no final disagreement on the disputed item should be
recorded, and, the Staff Side in the Council/Committee asked to await the
advice of the Department of Personnel and Training as the final authority for
deciding on the arbitrability of the issues under the JCM Scheme.
(iii) Department of Personnel and Training alone is competent under
the Government of India (Allocation of Business) Rules to decide on all matters
relating to the Scheme for JCM including the arbitrability of the item for
Joint Council. (O.M. No. 4/2/79-JCA, dated 11-11-1981).
(2) Before a demand is accepted in the meeting of the Departmental
Council (which includes Committees also), prior consultations should take place
with the authorities concerned e.g., Ministry of Finance, Department of
Personnel and Training etc., so as to avoid embarrassing situations
subsequently. (D.O. No. 4/2/79-JCA, dated 3-2-1982).
(3) Wherever there is a scheme/proposal for introduction of new
technology in a Ministry/Department, the Staff Side in the concerned
Departmental Council may please be consulted before taking a final decision in
the matter. ( No. 3/42/87-JCA, dated 25-1-1988).
(4) Staff Side had raised a demand that norms for sanctioning of posts
in various grades may be fixed in consultation with the Staff Side (JCM),
existing norms being arbitrary. It was also suggested that staff unions should
be consulted in the matter of implementing SIU reports. In the National Council
(JCM) it was agreed that the report of the SIU will be placed before the
respective Departmental Councils. However, the Council will not put any
impediment in its implementation. (No.3/77/91-JCA, dated 6-2-1992).
GOI decisions
Arbitration
ARBITRATION
Scope
8.1.1
Compulsory Arbitration under the Scheme shall be limited to:
pay
and allowances; weekly hours of work; and leave of a class or grade of
employees.
Disputes
regarding arbitrability of an item:
(1)
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. ( No. 4/2/79-JCA, dated 20-7-1980).
(2)
(a) If 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.
(b)
If the Department of Personnel and Training is also of the view that the item
is not arbitrable, the issue will further be processed by the Department of
Personnel and Training as follows:-
the
dispute whether any particular issue is arbitrable under para 16 of the JCM
Scheme may be referred to the Attorney General for his opinion.
each
side may present its views in writing to the Attorney General and there may be
no hearing.
The
opinion of the Attorney General will be binding on both the parties.
(c)
The approval of the Cabinet may be obtained for recording disagreement in the
Departmental Councils as and when it is finally decided that the item is an
arbitrable one.
(d)
While adopting the procedure outlined in the preceding paragraphs it should be
ensured that there is no unavoidable delay at any stage so that the
disagreement could be recorded in the concerned Departmental Council without
giving any cause of grievance for delay to the Staff Side. ( No. 1/7/87-JCA,
dated 15-4-1988).
8.1.2
Cases of individuals shall not be subject compulsory arbitration.
8.1.3
A dispute shall not be referred to arbitration unless it has been considered by
the National Council or the appropriate Departmental Council, as the case may
be, and final disagreement between the two sides has been recorded. If there is
a dispute relating to an arbitrable matter in a lower council, it will be
placed before the Departmental Council concerned.
GOI
decisions Constitution of Board of Arbitration
GOI decisions
The
Cabinet Note prepared for obtaining approval from Cabinet before signing
disagreement with the Staff Side on arbitrable matters under Clause 16 of the
JCM Scheme may be prepared on the lines of prescribed model note. (No.
6/26/82-JCA, dated 17-11-1982).
Constitution of Board of Arbitration
8.1.4
On a final disagreement being recorded on a arbitrable matter in the National
Council/Departmental Councils, and on either side asking for referring the
matter to arbitration, the Government is required to appoint a 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 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.
8.1.5
In determining a dispute the Board of Arbitration shall examine the merits of
the case presented by both the official side and staff sides, and take into
account all other relevant factors including the principles enunciated in any
recent report of a Commission of enquiry etc.
Conditions
8.1.6
Before a case is referred to the Board of Arbitration, the following conditions
will have to be satisfied:-
i.the
subject should be one for which compulsory arbitration is provided according to
the provisions of clause 16 of the Scheme;
ii.the
dispute should have been considered either by the National Council or the appropriate
Departmental Council;
iii.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.
8.1.7
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 recommendation after which they will become arbitrable with
reference, as far as possible, to the factors referred to in 8.1.6 above.
Awards of Board of Arbitration
8.2.1
Subject to the overriding authority of Parliament, recommendations of the Board
of Arbitration will be binding on both sides.
If,
for reasons to be recorded in writing, the Central Government is of opinion
that all or any of the recommendations of Board of Arbitration should on
grounds affecting national economy or social justice be modified, the Central
Government shall, as soon as may be, lay before each House of Parliament the
report of the Board containing such recommendations together with the
modifications proposed and the reasons, therefor, and thereupon Parliament may
make such modifications in the recommendations as it may deem fit. Modification
may extend to the rejection of a recommendation.
8.2.2
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.
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