Adjudication machinery for settlement of disputes

The ultimate remedy for the settlement of an industrial dispute is its reference to adjudication by labour court or tribunals when conciliation machinery fails to bring about a settlement. Adjudication consists of settling disputes through intervention by the third party appointed by the government. The law provides the adjudication to be conducted by the Labour Court, Industrial Tribunal of National Tribunal.

A dispute can be referred to adjudication if hot the employer and the recognised union agree to do so. A dispute can also be referred to adjudication by the Government even if there is no consent of the parties in which case it is called ‘compulsory adjudication’. As mentioned above, the dispute can be referred to three types of tribunals depending on the nature and facts of dispute in questions.

These include:

(a) Labour courts,

(b) Industrial tribunals, and

(c) National tribunals.

The procedure, powers, and provisions regarding commencement of award and period of operation of award of these three bodies are similar. The first two bodies can be set up either by State or Central Government but the national tribunal can be constituted by the Central Government only, when it thinks that the adjudication of a dispute is of national importance. These three bodies are into hierarchical in nature. It is the Government’s prerogative to refer a dispute to any of these bodies depending on the nature of dispute.

Labour Court:

A labour court consists of one person only, who is normally a sitting or an ex-judge of a High Court. It may be constituted by the appropriate Government for adjudication of disputes which are mentioned in the second schedule of the Act.

The issues referred to a labour court may include:

(i)The propriety or legality of an order passed by an employer under the Standing Orders.

(ii) The application and interpretation of Standing Orders.

(iii) Discharge and dismissal of workmen and grant of relief to them.

(iv) Withdrawal of any statutory concession or privilege.

(v) Illegality or otherwise of any strike or lockout.

(vi) All matters not specified in the third schedule of Industrial Disputes Act, 1947. (It deals with the jurisdiction of Industrial Tribunals).

Industrial Tribunal:

Like a labour court, an industrial tribunal is also a one-man body. The matters which fall within the jurisdiction of industrial tribunals are as mentioned in the second schedule or the third schedule of the Act. Obviously, industrial tribunals have wider jurisdiction than the labour courts.

Moreover an industrial tribunal, in addition to the presiding officer, can have two assessors to advise him in the proceedings; the appropriate Government is empowered to appoint the assessors.

The Industrial Tribunal may be referred the following issues:

• Wages including the period and mode of payment.
• Compensatory and other allowances.
• Hours of work and rest intervals.
• Leave with wages and holidays.
• Bonus, profit sharing, provident fund and gratuity.
• Shift working otherwise than in accordance with the standing orders.
• Rule of discipline.
• Rationalisation.
• Retrenchment.

National Tribunal:

The Central Government may constitute a national tribunal for adjudication of disputes as mentioned in the second and third schedules of the Act or any other matter not mentioned therein provided in its opinion the industrial dispute involves “questions of national importance” or “the industrial dispute is of such a nature that undertakings established in more than one state are likely to be affected by such a dispute”.

The Central Government may appoint two assessors to assist the national tribunal. The award of the tribunal is to be submitted to the Central Government which has the power to modify or reject it if it considers it necessary in public interest.

It should be noted that every award of a Labour Court, Industrial Tribunal or National Tribunal must be published by the appropriate Government within 30 days from the date of its receipt. Unless declared otherwise by the appropriate government, every award shall come into force on the expiry of 30 days from the date of its publication and shall remain in operation for a period of one year thereafter.

By: Sateesh Peetha On 02:10

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Discuss the “TEN COMMANDMENTS” of Global Branding.

Ten Commandments of Global Branding

Research the Global Branding Marketplace

The global market is made up of many, often vastly different, countries and regions. At the same time some of these countries and regions may share similarities. It is important to investigate the laws, consumer demand and financial guidelines of each potential market so that you enter with the proper marketing approach and expectations.

Never Take Shortcuts

Take nothing for granted in your research or your marketing development if you wish to avoid future problems. Translating the same message into local languages for all markets can be a potentially harmful shortcut. Subtle differences in meaning and symbolism can result in vastly different results. Another hazardous shortcut to avoid is assuming that the success of one brand will mean the success of another. Each product and company must be established from the ground up in every location where it will be marketed.

Create a Solid Infrastructure

Advertising campaigns and infrastructure should be designed to suit each country or region. While some parts of the model may be transferable from one location to the next, most times there will be differences in practices or goals. It is a mistake to expect similar results across the board. For example, street advertisements in some European countries such as Italy or France are less likely to be viewed during the month of July when nearly the entire nation heads out on vacation. As a result your ad buys and target sales should be lower than usual during the summer months.

Employ an Integrated Marketing Communication System

Combine traditional advertising with non-traditional methods of communicating the brand message. Local radio and television appearances, sponsored events, social networks, features in local publications and guerrilla marketing are all effective ways of getting the word out.

Create Partnerships Between Brands

Sharing the marketing expenses and logistical infrastructure with another global or local brand can be a great way to cut costs, lighten the workload and find a way into the market you desire to reach. Select your partners carefully so that no one brand cannibalises the market as you move forward. For example, a sporting goods retailer may partner with a popular area team while avoiding other clothing outlets that might sell some of the same items

Keep Standardisation and Customisation in Balance

While it is important to keep your company logo and appearance the same so it is recognised by consumers worldwide, it is also important to understand differences in culture and language so your message gets through loud and clear. For example, the colour purple may be viewed as a symbol of death by people in some Spanish-speaking countries, while it is without meaning in most others. Thus, if your brand's logo is purple, you may want to make some modifications before reaching out to certain Spanish-speaking markets.

Keep Local and Global Controls in Balance

Although branding may be managed from your company headquarters, it is important to have people on the ground who understand the local situation. The decision-making process should be balanced between these two elements with final sign-off residing in headquarters and local experts providing guidance

Create a System of Functional Guidelines

A set of steadfast marketing rules and restrictions should be provided by the main office and distributed to all local parties. Such guidelines can help to eliminate unnecessary back and forth by creating a standard to be followed.

Create a System of Global Brand Equity

Monitor the global position of your brand carefully. Knowing the overall value of the brand helps marketing professionals to determine what tactics and how much market saturation is necessary to meet company goals. For example, if sales numbers drop in one part of the world due to political unrest or a natural disaster, the difference can sometimes be made up elsewhere in an emerging market or a high-performing region if the proper marketing is put in place coupled with promotional deals and extra ad buys.

Use the Brand to Leverage Results

Create unique and attractive logos and packaging for your global brand. Distribute your brand icons widely and with discretion to reach the desired audience and create the desired associations. Once established your brand images can be the most important element of the business.

By: Sateesh Peetha On 02:09

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