F.No.3/1/2019-JCA
Government Of India
Ministry of personnel, Public Grievances and Pensions
Department Of Personnel & Training
Establishment (JCA) Section

North Block, New Delhi – 110 001
Dated-April 30, 2019

Shri Shiv Gopal Mishra
Secretary, Staff Side
National Council,
Staff Side (JCM)
13-C, Ferozeshah Road,- 110001

Subject: Draft minutes of the 47th Meeting Of the National Council (JCM) was held on 13.04.2019.

Please End enclosed a copy of the draft Minutes of the Meeting of the
National Council (JCM) held on 13.04.2019 under the Chairmanship of Cabinet Secretary with the representative of Staff Side. You are requested to send your comments on the draft minutes by 06/05/2019 positively.

Yours sincerely,
sd/-
Deputy Secretary (JCA)
Tele: 2309 2338

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No.IV/NFIR/SCM/Pt.VI

Dated: 05/03/2017

The Secretary,
JCM (Staff Side),
13-C, Ferozshah Road,
New Delhi

Dear Brother.

Sub: Agenda Items for next meeting of Standing Committee of NC (JCM)-reg.

Ref: Ministry of Personnel, Public Grievances & Pensions, DoP&T’s letter No.F.No.3/3/2016-JCA dated 1st March 2017.

Please find enclosed the items to be included in the agenda for meeting.

Yours faithfully,
sd/-
(Dr.M.Raghavaiah)
General Secretary

Sub: Counting full service of Temporary causal labourers for pensionary and retirement benefits in Railways-reg.

The Staff Side had discussed its demand for counting fulI service of temporary status of casual labourers for pensionary and retirement benefits at the level of Railway Ministry. Consequently, the Railway Ministry had agreed and accordingly proposal was sent to the Ministry of Finance and DoP&T seeking clearance. Unfortunately, the MoF/DoP&T have not accorded approval:-

In this connection, the Staff Side brings following key points for consideration.

(a) The Casual Labourers in Railways had attained temporary status on completion of prescribed days of continuous working and got the benefits admissible to temporary Railway/Government employees such as regular Pay Scale, Medical facility etc.,

(b) The Railway Administrations have however taken abnormally long periods to absorb them as regular staff although regular posts were vacant.

(c) The status of casual labourers in railways after acquiring temporary status (termed as Temporary employee) is exactly similar to the substitutes in whose case, the total service from the date of attainment of temporary status is counted for reckoning qualifying service for pensionary benefits.

(d) Various CATs, High Courts and even the Apex Court have given decisions against the differential treatment between the casual labour and substitutes particularly when both attained temporary status and directed to treat them at par so far as reckoning the service from the date of temporary status till the date of regularization for pensionary benefits etc.,

(e) The SLPs filed by the Union of India before the Apex Court in a few cases of casual labourers were dismissed and the Hon’ble Supreme Court had directed the Union of India to calculate Pension and other retiral benefits payable to the retiring/retired employees, taking into account the 100% temporary status service.

The Staff Side, therefore, requests to consider the above valid points and accord approval for counting total temporary status service of Casual Labourers for pensionary benefits in Railways.

Sub: Modified Assured Career Progression Scheme (MACPS) for the Central Government Employees – Arbitrary revision of benchmark from “Good” to “Very Good”-reg.

The Staff Side brings to the notice of the Government that after introduction of the Modified Assured Career Progression Scheme (MACPS) w.e.f. 01st June 2009, the JCM (Staff Side) took up the issue relating to the benchmark laid down for granting financial upgradation under the schemd at the level of DoP&T and discussed in the Joint Committee Meetings and National Advisory Committee Meetings held on 17/0712012 ad 2710712012, urging to reconsider the benchmark concept taking into consideration the norms laid down for promotion of staff. After discussions, the DoP&T vide O.M. No. 35034/3/2008-Estt. (D) (Vol. II) dated 1st November 2010 & 4th October 2012 had issued instructions that the benchmark maintained for filling the vacancy through promotion by selection/non-selection/fitness be adopted for granting financial upgradation.

The Staff Side however, expresses its disappointment over the decision (Resolution No.1-2/2016-IC dated 25th July 2016) of the Ministry of Finance (Department of Expenditure) introducing the benchmark “Very Good” for granting financial upgradation. The Government could have taken into consideration the bilateral agreement reached with the JCM (Staff Side) and the decision communicated vide DoP&T O.M. dated lst November 2010 and 4th October 2012 for continuance of the standard prescribed already for granting MACP. Ignoring the said decision and introducing the benchmark concept of “Very Good” is an unjustified action when bilateral agreement had already been reached with the JCM (Staff Side).

The Staff Side therefore urges to review for cancellation of upgraded bench mark decision.

Source: NFIR

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DOPT published today in its official portal regarding the Minutes of Meeting of Standing Committee of National Council (JCM) Staff Side held on Friday, the 9th October, 2015 under the Joint Chairmanship of JS(AV).

G.I., Min. of Per. & Trg., O.M.No.3/1/2015-JCA, dated 18.12.2015

Subject: Minutes of Meeting of Standing Committee of National Council (JCM) Staff Side held on Friday, the 9th October, 2015 under the Joint Chairmanship of JS(AV), DoPT&T – regarding.

The undersigned is directed to forward herewith a copy of the minutes of the Meeting of of Standing Committee of National Council (JCM) Staff Side held on Friday, the 9th October, 2015 at 15.00 hours in Room No. 190, Conference Room, North Block, New Dlehi under the Joint Chairmanship of Joint Secretary(AV) for information and necessary action.

Action taken report on the items pertaining to them may also be furnished to this Department at the earliest.

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Charter of demands – Standing Committee Meeting of National Council of JCM held on 9th October 2015 – reg.

National Federation of Indian Railwaymen
3, Chelmsford Road, New Delhi – 110 055

No. IV/NJCA(N)/2014/Part I

Dated: 13-10-2015

The General Secretaries of
Affiliated Unions of NFIR

Dear Brother,

Sub: Charter of demands – Standing Committee Meeting of National Council of JCM held on 9th October 2015 – reg.

Ref: Federation’s letter No.IV/NJCA(N)2014/Part I dated 02/10/2015.

In continuation to NFIR’s letter of even number dated 02.10.2015,the Federation conveys to the affiliated Unions further development on 10 point charter of demands.

The Government has convened Standing Committee Meeting of the NC/JCM on 09th October 2015 at New Delhi for discussion on charter of demands. Accordingly, S/Shri M. Raghavaiah, Leader Staff Side, Guman Singh, President/NFIR, R.P. Bhatnagar, Working President/NFIR have participated in the Standing Committee Meeting on 09th October 2015 and discussed the issues.

At the outset, the leader and Secretary, Staff Side/JCM have insisted that the Standing Committee Meetings should be chaired by the Secretary, Personnel (DoP&T) and the JCM’s functioning should not be diluted. The Staff Side have also expressed their disappointment over the failure of the Government in convening NC/JCM meeting, consequently, grievances are getting accumulated. It was also urged that the concerns of the Staff Side should be conveyed to the Government for taking necessary course correction. Although discussions were held on the charter of demands, nothing substantial has emerged.

During discussions, the representative of Labour Ministry has stated that the Government has been processing for revising calculation ceiling limit on Bonus and equally the eligibility limit and accordingly a Cabinet note will be finalized for Cabinet’s clearance.

As the meeting held on 09th October 2015 has not produced any satisfactory result on charter of demands, the decision of NJCA to conduct joint action of protests, mass demonstrations etc., on 19th November 2015, throughout the country should be implemented by the affiliated Unions.

NFIR therefore urges upon all affiliates to ensure that, protests, dharnas, demonstrations etc., are held at all work places in their respective jurisdictions on 19th November, 2015. Report on the dharnas, protests, demonstrations should reach Federation’s office, New Delhi by 25th November 2015.

Yours fraternally,
sd/-
(Dr.M.Raghavaish)
General Secretary

Source : NFIR

Outcome of National Council JCM Standing Committee Meeting held on 9th October 2015 – Confederation Report

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Brief Note on JCM National Council Standing Committee Meeting held on 9th October 2015 at New Delhi.

Dear Comrades,

The Standing Committee of the JCM National Council met on 9th October, 2015. As you are aware, earlier, the National JCA had decided to defer the strike action and organize a massive Dharna programme at Jantar Mantar on 19th November, 2015 to register its strongest protest over the Government’s engineered delay in the submission of the 7th CPC Report. Later, the Finance Ministry has issued a statement asking the 7th CPC to factor into its report the fiscal concern of the Government, which was an unwarranted interference in the independent functioning of the Commission and to pressurise the Commission not to recommend wage rise on the basis of a sound and scientific formulation.

The Staff side on receipt of the invitation to have the meeting on 9th October, decided to respond and convey to the Government their strong resentment over the virtual dilution of the negotiating forum as also the above concerns. In the meeting the Staff side was informed that the Secretary Personnel would be meeting the Standing Committee soon and the meeting on 9thwas in fact only a prelude to understand each other’s points of views. It was in the background the meeting was held on 9th October, 2015.

The leader and Secretary, Staff Side conveyed the unanimous decision of the National JCA as under to the Government.

(a) The Standing Committee, as per procedure evolved, must be chaired by the Secretary Personnel.
(b) The JCM Machinery’s functioning should not be diluted.
(c) The promised meeting of the National Council has not taken place so far.
(d) The minutes of the last two meetings of the National Anomaly Committee have not been formally issued.
(e) ‘The Official side Secretary must convene a meeting of the Staff Side to iron out any difference in the draft minutes.’
(f) Normally meetings are held after circulation of the ATS. This has not been done.
(g) The Official Side must convey the anguish of the employees over the delay in the submission of the report by the 7th CPC which they justifyly feel has been engineered by the Government. They also pointed out that they are constrained to believe that the Govt. was unnecessarily interfering in the functioning of the Pay Commission.

We give hereunder a brief resume of the discussions held on the agenda items.

After the initial remarks made by the Staff Side all issues in the charter of demands were discussed. There had been however, no final settlement on any issue as the meeting itself was not convened for that purpose. The Staff Side stated that even the promises held out in the last meeting that the Departmental Council meeting would be held soon was not honoured.

On the question of Pay revision related issues, viz. Interim relief, DA merger, inclusion of GDS etc . elaborate discussions were held. It has come out clearly that on all these issues, the Finance Ministry has taken an nugatory Stand, even though the arguments put forth were extremely untenable. It was pointed out by the Staff Side that the Interim relief and DA merger was denied on the specious plea of submission of the report in the stipulated time. Having extended the time, the Govt. ought to have considered the grant of these two demands. There had been a very elaborate discussion on the question of inclusion of the GDS within the purview of the 7th CPC. The Postal Department’s representatives narrated the efforts made by them to the Government for conceding this demands. The Finance Ministry has stood firm and objected to the demand being agreed to. The Staff Side has, in the given situation of the 7th CPC having finalised its report, requested the Government to refer the matter to a Judicial Committee headed by the present Chairman, 7th CPC as he has now been fully apprised of the functioning of various ministries and Departments of the Government through the interaction with the Staff and official sides. No commitment was however made by the Government to the above suggestion.

On the question of induction of FDI in Railways, Corporatisation of Postal Department and Defence organisations, the representative of the Railway Ministry stated that they are constantly discussing the issues with the Railway Federations and was exploring the possibility of reaching an agreement. In the case of corporatisation of the Postal Department, it was stated that the recommendations made by the Committee was discussed with the Federations and it has been agreed that except induction of certain professionals at the managerial level to fine tune the functioning of the Department in the changed scenario, the Federations have been assured that no structural changes would be made without consulting them. However, in the case of Defence, no discussions with the Federations have been held so far.

PFRDA. The Staff Side pointed out the present scenario in the Government offices, where the number of employees and officers who are outside the ambit of the statutory pension scheme has grown and have reached in certain organisations to the extent of 25 to 30%. These employees are extremely concerned of the new scheme and their anguish have been expressed in many forms. The Unions would be compelled to take drastic action if the Government refuses to heed to their plea to effect a relook or revisit on the matter. The representatives of the Railways pointed out that the Honourable Minister for Railways was convinced of the situation and that was the reason why he had written to the Finance Ministry that in the given situation of the Railway functioning, the new scheme would not only jeopardise the interest of the Railwaymen but also of the Railway Industry itself.

On the specific question raised by the Staff side in the last meeting in respect of resolving the issues of Medical Store Deport and the Printing and Stationery department, the Staff Side stated that only the meeting of the Medical Store Depot was held and the issues have been resolved to some extent. The Printing and Stationery Department has now sent a communication to the Staff Side fixing the meeting on 15th October ‘15. The general issues emanating from the policy of outsourcing and contractorisation was also discussed at length.

JCM functioning had been the central point of discussions. The Staff Side has pointed out that unless the Government makes up its mind that the machinery should be put on operation, no industrial peace would come in the functioning of the various departments of the Govt. of India. The Staff side asked the Department of personnel to collect the information of the number of cases litigated in the courts by the Government employees in 1991 and 2015 and make a comparison to know the seriousness of the problem.

On compassionate ground appointments question, it was stated by the Staff Side that despite advancing no cogent argument by the official side for retaining the 5% ceiling, the Department of personnel does not want to make a relook into the matter. The Staff Side pointed out that large number of applications were pending in various Departments, and the concerned department would not be able to clear them even after 20 years for want of the requisite vacancies. They also pointed out that the decision of the Government to impose the 5% ceiling was amounting to a cruelty imposed on the family members of the Government servants who dies in harness.

The Labour Ministry representative was present at the meeting. The meeting did not discuss the merits and demerits of the labour reforms as the Trade Unions in the country has justifyly concluded that it has been conceived to favour the corporate houses and to take away the existing privileges of the workers. The point at issue, however, at the meeting was as to why the Labour Ministry did not cause a consultation with the Industrial Federations in the Government of India, for whom the Industrial Disputes Act is applicable. The Labour Ministry has assured to convene a meeting of the representatives of such organisations soon.

The Labour Ministry representative also stated that the government has agreed to raise the bonus ceiling but it would not be appropriate for him to make a mention of the quantum as the Cabinet is yet to give its clearance. The Government would be able to take a decision in the matter only after the Bihar elections are over.

The Staff Side explained the background of the demand for five promotions. The reaction of the official side was that the matter must be appropriately discussed only after the 7th CPC report is made available.

Source: Confederation News

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