KORBA: With activities gaining momentum for the formation of the Joint Bipartite Committee for the Coal Industry (JBCCI-XII) for the 12th National Coal Wage Agreement (NCWA-XII), the applicability of Section 14 of the Industrial Relations Code, 2020, has emerged as a key issue.
Senior Hind Mazdoor Sabha (HMS) leader Nathulal Pandey has called for pressure to be mounted on the Ministry of Coal to clear the way for the constitution of JBCCI-XII. Pandey said the Ministry should take an early decision on the request for exemption from the applicability of Section 14 of the Industrial Relations Code so that JBCCI-XII can be constituted and negotiations for NCWA-XII can begin.
Section 14 of the Industrial Relations Code provides for recognition of a Negotiating Union or Negotiating Council in an industrial establishment having registered trade unions. Where a union has the support of 51 per cent or more of the workers, it can be recognised as the Sole Negotiating Union. In the absence of such support, a Negotiating Council is provided for under the Code.
The provision has assumed significance in Coal India as the industry has traditionally followed a bipartite mechanism through JBCCI for negotiations on wages and other service-related issues. Coal India has reportedly written to the Ministry of Coal seeking exemption from the applicability of Section 14 to facilitate the formation of JBCCI-XII.
However, Section 14 itself is not an exemption provision. It lays down the framework for a Negotiating Union or Negotiating Council. Therefore, the CIL request is understood as seeking exemption from the application of the provision.
The formation of JBCCI-XII has remained a key demand of coal trade unions, particularly after the expiry of NCWA-XI, which was effective from July 1, 2021 to June 30, 2026.
Pandey also questioned the recently finalised Performance Linked Reward (PLR) of Rs 1,10,250 for coal workers, saying employees deserved a higher bonus. He claimed that with greater pressure, the amount could have been raised to Rs 1,15,000.
The next move by the Ministry of Coal is now being closely watched, as its decision on the Section 14 issue could have a bearing on the process for constituting JBCCI-XII and commencing NCWA-XII negotiations.
