S.No.13 – Non-implementation of the decision taken in the 46th National Council (JCM) Meeting held on 15th May 2010 with regard to Item No. 20

Standing Committee Discussion Points S.No.13 – Two different recognition rules for Unions and Associations

S.No.13 – Non-implementation of the decision taken in the 46th National Council (JCM) Meeting held on 15th May 2010 with regard to Item No. 20.

Ministry of Defence (MoD) vide their OM dated 28.04.2017 had informed that the issue regarding non-applicability of CCS (RSA) Rules, 1993 to the workers employed in Defence Establishments, was earlier discussed in the 46 thOrdinary Meeting of the National Council CM) held on 15.05.2010,and 91st Depaitmental Council Meeting of Defence held on 18.11.2016. CDRA has stated that in a meeting held on 12.05.2003 in Ministry of Defence, it was observed that there had been two different recognition rules for Unions and Associations and it was unanimously accepted that the present system of membership of Workmen in the Associations as well as in the Unions should not be disturbed and the matter was treated as closed. So, he requested that this demand should not be accepted and the ‘status quo’ may be maintained in all the Defence Establishments for functioning of the Recognized Service Associations. Ministry of Defence further stated that it was important to note that recognized Federations of MoD kept silent from 2003 to 2009 and did not raise this issue in the light of the decision taken on 12/05/2003. It is perhaps due to the declining membership of Unions in the Defence Establishments that these unions desire to raise their membership at the cost of Associations where workmen are also their members. Moreover, it is a policy matter of MoD to allow workmen to. continue both as members of Associations as well as of Unions and the same was also unanimously approved by the then representatives of recognized Federations of MoD in the meeting held on 12/05/2003. In the light of the above facts, MoD has now sought to know the reasons from all the recognized Federations as to why the matter was again raised in the National JCM Council Meeting in 2010 while it was already unanimously resolved on 12/05/2003. After obtaining their views, the matter will be discussed to reach a conclusion.

Responding to the statement made by, the Ministry of Defence, the Staff Side stated that the meeting held on 12/05/2003 with recognised Federations was nothing to do with the present issue. The discussion held on 12/05/2003 was with regard to Secret Ballot Verification of membership of the Federations and Associations to decide about the proportionate representation in the JCM Scheme. Since the MoD at that point of time was permitting workmen to be members of both Unions and Associations, it was decided that they should be allowed to participate in the Secret Ballot. The contention of the Staff-Side was that the MoD should follow the CCS(RSA) Rules, 1993 which prohibits worker to become members of the Associations and the recognition granted in violation of the rules to the associations of workers may be withdrawn, since the workers are governed under Trade Union Act, 1926 and Industrial Disputes Act,1947.

It was decided that Secretary, Ministry of Defence would be requested for a meeting to discuss and settle the issue.

Staff-Side stressed that the recognition has to be in accordance with the rules. It was decided that Secretary, Ministry of Defence would be requested for a meeting to discuss the issue.

{Action: JCA (DoPT)}