Compulsory registration of trade unions: Item No. 8 – Explanatory Notes – Charter of Demands – All India Strike 2nd Sep, 2015

Compulsory registration of trade unions within a period of 45 days Item No.
8 – Explanatory Notes – Charter of Demands – All India Strike 2nd Sep,
2015

2015 SEPTEMBER 2nd ALL INDIA STRIKE – CHARTER OF DEMANDS AND EXPLANATORY NOTES

CHARTER OF DEMANDS.

(vi) Revive the JCM functioning at all level as an effective negotiating forum
for settlement of the demands of the Central Government Employees.

It was in the wake of the indefinite strike action of 1960, the JCM was set up
as a negotiating forum to expedite settlement of demands and problems of
employees. On the pretext of the promulgation of the new CCS(RSA)Rules, most of
the departments suspended the operation of the Departmental Councils. Even after
complying with the requisite formalities, in many departments,
Associations/Federations are yet to be recognized. Wherever the recognition
process was completed and orders issued granting recognition, no meetings of the
Departmental Councils are held. In spite of raising the issue in the National
Council on several occasions by the Staff Side, nothing tangible has been done
to ensure that the councils are made functional. The National Council is, as per
the scheme, to meet once in four months. It meets after several years, the
system of concluding on the agenda in the meeting in which it is raised has been
totally abandoned with the result that number of issues have been kept pending
for indefinite period of time. The non -functioning of the Council and the
consequent non-Redressal of grievances has led to agitations including strike
action in many departments. The 6th CPC recommendations were given effect to in
September, 2008. The anomalies arising there-from (which is in large numbers)
ought to have been settled as per the agreement by Feb,. 2010. Barring one or
two items, no settlement has been brought about on a large number of anomalies
till date. At the time of the General Strike action on 28th Feb. 2012, the Joint
Secretary (Estt.) in the Department of Personnel wrote in her demi-official
communication addressed to all Secretaries of the Government of India as under,
which is contrary to facts but also misleading too.

“Joint consultative machinery for Central Government employees is already
functioning. This scheme has been introduced with the object t of promoting
harmonious relations and of securing the greatest measure of co-operation
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. The JCM at different levels
have been discussing issues brought before it for consideration and either
reaching amicable settlement or referring the matter to the Board of Arbitration
in relation to pay and allowances, weekly hours of work and leave, wherever no
amicable settlement could be reached in relation to these items.”

The forum of Departmental Councils must be immediately revived in all
Departments and made effective as an instrument to settle the demands of the
employees. The periodicity in which the meeting of the National Council is to be
held must be adhered. The Department of Personnel, which is the nodal department
for ensuring the functioning of the negotiating machinery, must monitor the
functioning of the Departmental Councils of various Ministries and Departments
and a report placed in the National Council. The Cabinet Secretary, who is the
Chairman of the National Council, is required to ensure that the Council
meetings are convened once in four months and the issues raised therein settled
in a reasonable time frame Since the grant of recognition to Service Association
is a pre-requisite for the effective functioning of the negotiating machinery,
the Ministries must be asked to process the application and take decision in the
matter within a fixed time frame as the recognition rules have come into
existence in 1993 that is about a decade back.

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