Dear comrades GS

The opinion of our members expressed in the GB held during this month regarding long-pending arbitration award is published 

Arbitration award case of Pay Parity 1-1-1986. It is a matter of displeasure that much water has flown down since last 25 years.  Nothing seems to be worked out.  It is our opinion that only JAC/CHQ/JCM can make productive efforts for implementation of pay parity from 1.1.86.  JAC should use its good offices to settle the matter. (ANNEXURE enclosed)

            As per the JCM constitution the Govt. of India has declared the arbitration award in favour of Audit and Accounts employees w.e.f. 1/1/1986. Till date Govt. of India has not implemented the same with the idea that it will be get nullified with the parliament sanction. However, in spite of so many years neither the award has implemented nor rejected by the process of parliamentary procedure. By both the way the time has been barred to take the route of rejection by parliament. This is very much clear as per the rules and procedure and business provision of the parliamentary proceedings. As such, there remains no justification on the part of the Govt. to submit the case to parliament for rejection of this arbitration award.

            In the light of the above, it seems to be a fit case to approach the CAT/court for implementation of arbitration award. Hence the CHQ may suggest the JCA of Audit and Accounts organization to seek the legal remedy which will have a strong ground to meet this long pending demand. This seems to be only alternative course left, because of organizational efforts have not been above to convince the Govt and also there is a total justification to succeed this demand positively.

Grounds:

(i). Violation of JCM constitution in respect of arbitration award

(ii). Violation of time limit for implementation of awards.

(iii). Time barred case for rejection of award by the parliament.

(iv). Against the rules of parliamentary business and procedures for rejection by the parliament under the cause of limitation of time barred case.

(v). Strong and in principle agreement for implementation by the various ministerial heads i.e., DOPT/Finance wings under different ministerial heads including favourable consideration by the Prime Minister of India.

(vi). Justification of higher scales from various pay commissions right from 1/1/1973 onwards by the involved official side proposals especially CAG of India under IA&AD.

            Hence the CHQ may suggest the JAC/A&AO to make efforts to seek legal remedy on the All India basis under its banner.

AIPAEA BANGALORE BRANCH