Scope and limitations The scope and limitations involved in this project are that Marx himself being a controversial subject, not much analysis could be found in the internet databases other than the original work. The scope of this work is that the paper can be used at any point of time for original analysis of the topic. While in India, most of the people look at the rightist viewpoint for the implementation of the laws in picture, the authors look into a completely communist and leftist ideology for making the paper. The limitation is that primary sources of Marx and ngels are the only sources which were available to the authors! discretion in making this project a reality. "ut the voices suggest that the scope overshadows that of the limitation. While scholars may not like the fact that only one part of the history is being observed in this paper, it is also true that this one form of histor history y is adding adding upto upto the culmi culminati nation on of a specia speciali# li#ed ed observ observati ation on of that that partic particula ular r viewpoint.
RESEARCH METHODOLOGY The research methodology used is non doctrinal in nature with library resources and internet being the key sources in making this paper. "esides, "esides, this paper is also indebted a lot to the communist think tank for making the project a possibility. possibility.
CHAPTER 1 INTRODUCTION The jurisprudence of labour law is fascinating as well as enthralling taking into account the several twists and turns it faced across centuries. The very concept of having a regulation for labour and work forces arose because of the violation of the workmens! rights all around the world. It is a known fact that law is the mirror of the entire society. When we see that the laws have been framed and circulated, we find a certain disregard to the entire concept of labour forces if proper implementation is not present. The labour laws were also framed due to the conjectures of the societal values and the manners and ways in which the laws have evolved around the ages to form a compendium of issues which are ever enterprising and even helping the downtrodden to climb up to great heights. It is always said that the labour laws are employee friendly. There are great debates which move and shake coffee tables if we come to forefront that $uestion. "ut, there is something or rather some person in the field of labour law jurisprudence who is dominant throughout centuries wielding enough power to remove the scorches of oblivion to remain the driving force of labour law jurisprudence. There are thousands who had come after him and preached the same ideology and even brought it forth for the masses. The influence of this one person can never be forgotten nor be ignored. %ne thing is for certain. &ou may love or hate this man, but you can never ignore him when it comes to labour law jurisprudence. The person who is being spoken about is 'arl Marx, and he being known as the person who through his works preached the doctrine of a revolution have always mentioned about the haves and the have nots. (ot surprisingly if we come to interpret most of his writings, we find a employer employee relationship which is being followed by him in all of his work.
)e has always been influenced by the woes of the masses in this regard and the industrial disputes and strikes which are always mentioned in the labour laws are nothing but a product of the revolutionary thought of 'arl Marx. If we come to describe the introduction to this project we should look into the way how the history of the labour law jurisprudence has travelled and unraveled itself in the various forms it had taken over the period. In different periods we find different messiahs who had come as the bringer of hope for the downtrodden workmen bringing with them the promise of setting up humanitarian efforts to help them. *evolts are not common in the past. If we look into history we find revolts had been there even during the period of the gyptian civili#ations with the labour law jurisprudence drawing its roots from there.
CHAPTER 2 THE LADY IN WHITE DRAPED IN RED
The main effect is that the jurisprudence has evolved winding its way through several centuries. If we look at the main effects of the labour law processes, we find that the problems which were faced over the centuries by the workers, we find that the main woe they are facing is that they are being lost out due to the ignorance of knowledge which they faced. The lack and ignorance of knowledge is what makes the workers the easy prey to the lackluster twists of laws which are there in the textbooks. They fall prey to the traps of the legal demeanour if we so call to say. The labourers normally resort to violent protests+ to win their bread but it is not always true in any sense. It is basically a cover to the labour law jurisprudence which courts across the world are practicing in order to understand which one is the winning side and which one is not. 1
conomic and hilosophical Manuscripts of +-, +-
It is but a fact that the unorgani#ed sector do not get represented properly in the courts of law due to the absence of materialistic money and hence a good lawyer or a legal representative to fight for them in the courts. /or most people, Marx generally mean revolutions which are bloody and gory. "ut the truth is that communism is not the only form of Marx. *evolutions are not always the solutions. There have been several Marxist thinkers who have actually gone into the depths of law in order to understand the problems and possible solutions which are available to the labourers in this regard. The solutions can be one which be fought and achieved. 0ometimes it is an obvious one which stares at your face while you cannot reali#e it. %therwise, it is also sometimes hidden in the folders which have to be found out. This is the basic connection of 'arl Marx and labour law jurisprudence. Marx has provided a theoretical basis to a concept which was obscure from the very beginning of its existence. The very proof of this comes from the stages of evolution of Marxism which has been illuminating the path of labour law jurisprudence from the time of Marx till the modern day ramod 1asgupta. This is the basic connection which we try to establish 2 between the theoretical thoughts and the practical reasonings of industrial disputes which has to be carried around throughout the world and come up to a final solution to deal with the problem. The main solution is but rhetoric, an answer 3 which cannot be answered even after deliberations. The connection having been but established, it is now prudent for us to delve into the issues which has been sought to be addressed since this time.
CHAPTER 3 THE HISTORY OF LABOUR LAW JURISPRUDENCE
45fter Marx, 5pril4 6ollective 7+8-+9 4We want to riot, not to work4, 5narchy 33: n.p.
!
5lbertani, 6. 7+8-+9 ;The return of the social revolution. %r, well dug, old mole9 ;)egel and the Wobblies!, trans. W. agnotta, 0emiotext7e9: Italy: 5utonomia ?@ ostA political olitics 3739: ++-?@+8.
The "ritish colonial rule is laced with the growth of the labour law jurisprudence and both are naturally interwoven and interrelated with each other. "ritish colonialism is one of the classical events which have shaped the growth of the labour laws. It may be blessed and cursed but the point remains that it has been the driving force of the labour laws jurisprudence in the historical fora. The economy of the "ritish rule is one of the principal considerations in shaping the development of labour law. The political scenario was also of beneficial importance if we come to the point of discussing labour law jurisprudence. arlier, if we take into consideration the recent history of the Indian labour scenario, it was extremely difficult and cumbersome to get enough Indian workers to be working for the "ritish government. There was obviously a provision of labour law to protect them from any oppressions and to take care of their interests, but the implementation of the laws regarding to labour at that time was the main problem and still remains a glotting disorder which has to be remedied. The factories 5ct came in with a proper codification of the existing laws which were already resent at that particular time. The Indian textile Industry was the most famous industry at that particular point of time. With the rise of the Motibagh family, we see how the labour law jurisprudence moved apart.B "ut what is the basic relationship between the history of labour laws in India and the basic concept of communism. /or this we need to pursue the thoughts of not Marx himself but of Trotsky. It was the virtue of Trotsky which played a vital role in framing the main base of Indian communism. India in its labour laws has never favoured a totalitarian communist society. We have never in fact gone for complete communism. We have always looked towards a socialist approach even during the time we were under the "ritish rule. To date, India has ratified 38 International =abour %rganisation 7I=%9 conventions of which 3C are in force. %f the I=%!s eight fundamental conventions, India has ratified four D /orced =abour
"
"akunin, M. 7+8C39 "akunin on 5narchy: 0elected Works by the 5ctivistA/ounder of World 5narchism, trans. 0. 1olgoff, =ondon: 5llen and Enwin. "akunin on Fiolence: =etter to 0, (echayev Gune 2 +-C>, (ew &ork: 5narchist 0witchboard. # 0upra (ote +
+83>, 5bolition of /orced =abour +8BC, $ual *emuneration +8B+, and 1iscrimination 7employment and occupation9 +8B-. If we look at the provisions of the factories act, we need to look at the basic aims and objectives of the acts. If we come to evaluate the certain existing factors, we find that the Industrial 1isputes 5ct and its sister legislations have one objective in common, that of a state control which will be pervasive in its continuity. What is meant by this state controlH To answer this we have to go back to the *ussian aspects of communism, that of the =eninist and 0talinist perspective. 5 $uestion may arise in this regard as to India being an agrarian economy primarily with less impact on the industrial development. We see the basic similarity with *ussia in this regard. *ussia, the first country in which communism was successful was primarily an agrarian society and defeated the basic purposes of Marx in this regard.
CHAPTER 4 THE MARX FACTOR 'arl Marx remained the driving force behind the labour law movement in general providing a theoretical base to a tried and tested practical concept. *evolution was no more for the unorgani#ed but had a strong theoretical support to it.C It is but true that Marx had intended his theories to be applicable to industrial societies per se, but it was successful in the agrarian societies at large. India is no different. The very backbone of labour law jurisprudence in India is based on the concepts of communism. /or this, we should forget the basic debate as to whether Marxism has been a success in India or not. What we should look into is the objective classification of law in a basic sense and find out whether Marxism and labour law actually do correspond or fail to draw a single line of thought which is said to be existent.
"alakrishnan, J. 72>>>9 4Firgilian visions4, (ew =eft *eview B:+2A-.
$
"aldi, J. 7+8-B9 4(egri beyond Marx4, Midnight (otes -: 32A
5n international perspective of labour law perspective comes from the slave leader 0tratocus who was the first one who led the slaves of the Jreek civili#ations. "ut he is forgotten in the sands of time because history demands us to be so. )istory demands us not be commoners as to be champions of every cause. There are only a few people whom history demands to be remembered. The first person who actually started the labour law jurisprudence and became the one with the mark who can claim the title Ka marx before marx@ is no one but 6hrist the =ord himself. )e was a slave leader who led the revolt successfully and took the movement forward to be reckoned in history to be a successful personality in labour law jurisprudence. /or this, we should look into the basic interpretation of the term industry in the Industrial 1isputes 5ct. It clearly refers to a perspective where both the vocation and avocation of man is taken into consideration. Where do we get this mechanism fromH The simple answer is the "ible, which shows in the Matthews and =uke about how the vocation and the avocation of man were taken into consideration regarding this. Marx had taken up where the slave movement ended. %f course, before Marx, there have several people who had taken part in the revolutions and taken the side of the slaves in this regard. "ut Marx remains the prominent person who has taken the movement onto a completely different level with his theory of surplus value of labour w hich will be discussed in details.
CHAPTER # %AGE LA&OUR CAPITAL
If we look at the basic concept of wage labour capital theory of Marx we find how he has given the words of the revolutionaries and has converted them into black and white and made a concrete theory out of it. 5re those theories applicable in the present scenario of the modern days where we have ring fencing covenants and swaps performing their own role. The answer needs to be deliberated upon before a permanent answer can be reached.
The deliberations of Marx converge on one point. If we take a hypothetical situation in $uestion, if the worker sells his labour for wages which he receives from the capitalist, then it forms an essential element of socialistic communism. )ence, we can combinely say that he sells his labour power. What is meant by labour power in this caseH 5n explanation must be rendered in this regard to the workers in order to understand that they do not go for $uibbling or wordAjuggling, but that they are handling the entire range of political economy, dealing with the bourgeois and the rendered haves so as to put in that way. It is to be kept in mind that the entire process which is involved is more or less unconstructive in its nature. This class which we are deliberating in this case deals with mostly the uneducated workers who are illiterate and do not have their basic rights represented. - Most of the times, they are not even aware of their rights and the manners they can go about in order to implement it. They are hence the unrepresented sector who are downtrodden at the very least as we can say. If we go for an economic analysis and do not take into account the political motives behind this move, we find that the supercilious cultured folk are not even aware of this thing and hence we find that the total addition of all the events add up to nullity. The problems of the workers stay for for their whole life with they being unable to address the problems in a proper manner without proper representation being given to them in courts of law and as well as in legislatures. )ence, we find that the unrepresented classes having insoluble problems while the cultured intellectual excelling in this regard.8 If we look at the industrial practice of the classical political economy, we will find that there are two things which are pertinent to be solved in this case. /irstly, in our country we still follow the practice where the current notion of manufacturer remains the same. )e buys and pays the labour of his employees. This is a highly political notion which can be terminated by a simple combination of theory and practice which has been existing for a long period of time.
-
Jrundrisse, +-BC
8
5 6ontribution to the 6riti$ue of olitical conomy, +-B8
The book keeping activities and the price determining factors also play a major role in shaping the current notion of labour laws. "ut if we naively consider the political economy in a large scale we find the system to be complete with errors and confusions. In order to understand the relations of labour law jurisprudence and that of 'arl Marx, we have to take into consideration the meaning of the term commodities. 6ommodities essentially mean that the prices will rise and fall along with the rise and fall of manpower to a certain extent. In the case of diverse circumstances, we find that the established fact remains that the price of all commodities continually changes keeping into mind the diverse circumstances which are existing in the modern day scenario.+> 5ccording to Marx, chance plays a dominant role in determining the conditions and bends of the commodities which are existing in the market. (ot surprisingly, this sets the tone for an industrial dispute so as to say. The Industrial dispute is completely related to a chance. "y chance is not really meant fate or luck but a proper mathematical calculation which can be understood from the basic theory of Marx which goes on to contend about the wage labour capital theory.++ The main determinant which we need to understand in this case is that jurisprudence is a science and labour law itself can be empirically determined in order to understand the basic concepts which should be taken into consideration in the given case. The fluctuations and oscillations which take place in the society is a basic rule which determines the importance of labour law and conducts the manner in which the labour law jurisprudence will be moving. Marx has always tried to search for the fixed central point which should be taken into consideration in this case. If we do look into the determining factor as to find out whether there is any converging point per se in the industrial jurisprudence it has to be the mother act which has to be brought into practice in order to determine the nature of labour law. The Industrial 1isputes 5ct takes into consideration the important factor as to the timeframe in which the act has to revolve in order to face the conse$uences in this regard. /irstly, about whether the strikes should be taken into account if in case there is an industrial dispute. We find +>
Theories of 0urplus Falue, 3 volumes, +-2
11
0upra (ote C
that the industrial disputes which have been spoken of in the court of law is considerably important to understand the condition of the workmen in this regard. In order to understand the workmen, the conditions of society need to be taken into consideration which takes us back to the concept of Marxism. The theory of wage and value takes into account the working conditions which has to be evaluated before taking into account the passing phases of industrial laws which are brought in. The problem arises primarily because of the conditions of the labourers in this regard. rice fluctuations of essential commodities will lead to the dissatisfaction of workers. If they are unable to get their desired wages, they will obviously rise up in protest.+2 5ll industrial disputes generally have their root cause in the material considerations which have been provided by the employer. This is where economy comes in and we relate back to Marx for whom economy is the base and everything else adds up to the superstructure and the theory stands proved as in the jurisprudence of labour law, we see Marx proving that it is the economy which will revolve the entire concept of industrial jurisprudence and everything else will play but a small factor in shaping up the being of industrial laws.+3 The last resort which can be taken in this regard is the ultimate of calling a strike or a lock out and stopping all work and deliberations from being conducted in a principal manner. "ut generally the last resort is not used. (egotiations and mediations should be the preferred method of dispute resolutions which should be taking place. This shows how Marx!s concept of industrial jurisprudence brings forth the multidisciplinary aspect as we go on to project finance and dispute resolution mechanisms. The value of any one particular commodity can be determined by the number of labour incorporated in it and also re$uisite for the production of the particular transaction which can be guaranteed to a certain regard. The value of the commodity will also determine the conditions of the labourers who might be going to organi#e strikes.
+2
Theses on /euerbach, +-B
+3
The overty of hilosophy, +-C
CHAPTER 6 THE SURPLUS THEORY
Marx was to first to initiate an investigation so as to bring forward the value forming $uality of labour. (ormally labour was never thought of by the employers to be a value concern. "ut Marx primarily started with this kind of an approach to investigate into the problems of the commodity concerned. The necessity of the value addition process brings us to the next theory of 'arl Marx that of the utility theory in which he has stressed on the magnitude of value corresponding to the $uantity of labour which is to be determined. We have to bring into consideration the economist *icardo!s actions and the way he has interpreted the value theory of Marx and how he has stressed on the value forming $uality of labour to take into consideration in this case. )e has said that the not only will the value addition be a necessary process but that of the apparent and real use of the labour forces which is to be taken into account in any case or any given fact.+ The main deterrent which this theory presents is that of the how the value of labour is determined. %ne contradiction happens one after the other in order to add up to the chain of events which are existing hereto to land up to a particular conclusion. There is no one particular definition as to how value is determined. It may be by the ways of a time cycle, in which we have to deal with the basics of the evolution of the several trends. The most common method, of course will be that of marginali#ation which will determine the outcome of the procedures of labour which will be existing in the world.+B
1"
In Marx!s Critique of Political Economy, which appeared in +-B8, and in the first volume of Capital .
+B
Manifesto of the 6ommunist arty, +--
The other form of calculation is of course empirical through the wage and capital theory which in in fact very close to the actual method and hypothesis which Marx had prescribed and ended up in coming to the level of satisfaction or dissatisfaction which is rendered to be calculated in the endeavours of Marx. The basic point of contention in which the classical economists could not proceed from remains that of the value of labour which was first explained by Marx. It starts with labour value and reaches the vanishing point with that of the labour power. =abour power in the modern times is, in our present day capitalist society, a commodity like every other commodity but a very peculiar type of a commodity. The labour law which is being practiced in the modern era is a very commodity based method which has to be practiced in the modern world. The concept of communism even grows in the modern era because of the dissatisfaction of the labour class. With inflation on the rise, the basic essential commodities have to be challenged in this regard. )ence, Marxism as a theory will go more into practice and be spread around the country.+
CHAPTER 7 THE ALIENATION OF LABOUR It was the belief of 'arl Marx that there were four aspects of a man!s alienation that will be existing in a capitalist society. The product of labour, labour processes, the human being and the human nature will be the four specific aspects of alienation that will be occurring in a capitalist society. In the product for labour the worker is alienated from the object he produces. This is principally because it is bought, owned and disposed off by the capitalist who owns the business.
+
5 6ontribution to the 6riti$ue of olitical conomy, +-B8
In all societies, people used to use their own creative tendencies to produce items. "ut under a capitalist society this has primarily added up to the fact that it has become an alienated activity simply because the worker cannot even use the products which he is manufacturing for the owner of the industry.+C 5ccording to communist ideology, it is contended that the alienation of the worker from what he produces is intensified because the sense of belonging is completely lost in this case. The worker is no more in the productive mindset in which he used his own creativeness in order to make a certain product. The concept of sale and exchange has now been concentrated on a group of people, normally the burgeois. The proliteriates lose to them because they are the unorgani#ed sector who cannot add up to their labour being used for satisfying the needs of certain classes of people. This is one of the primary methods if we take into consideration the manner in which the labour law jurisprudence has worked in this regard. The main contention of all the acts is peaceful methods and solving any industrial disputes which are taking place. The primary industrial dispute has a basic reasoning. %ne of the important ones if that of the alienation of workmen that is h appening. (ow, the condition of an industry is such that the workmen do not feel the sense of oneness with the industry at large. 5 clear demarcation has been established between the owner and his workmen. This can be only be done to a certain extent through state interception. If we do come to notify the meaning of state interception, we find that the touchstone of one of the primary stages of communism, that of socialism. India has been in this practice ever since independence and it has been clearly mentioned in the preamble to the constitution that India is a socialist country. 0imilarly, the labour legislations which we see are being followed in the case of India sought to protect the employees from any harm being caused. It is true that the apex court has taken into consideration the growth of industries, but still India remains rooted to the workmens! cause taking into account the severe sufferings of the workman in this regard. 1$
0upra (ote -
)ence we see the workman being exploited in many cases as they are not getting the fruits of their labour. The creative power of the workmen are getting lost owing to the large dependency on the machines and the mechanical implementation of the said schemes.+The labour process is the second dimension we should divert our attention to. The identification of this process by Marx was done as to taking into account the lack of control whichb the employers have over the process of production. This amounts to stating that the labour law jurisprudence also depends on the effective control of the employers and the employees. This is one of the effective factors which have been discussed in debates all around. The first mention of this we find is in the 1as 6apital of Marx wherein he actively debates and deliberates on the concept of labour law jurisprudence. This position of active and effective control form an important part of the treatise as he discusses in length of the importance.+8 The part which is of the highest importance is that the independence of the workers should be $uestioned. This is primarily because that is the basic fundamentals of the revolutions aspect of 'arl Marx and communism in general. The worker in the modern days, sees his actions which will be independent of himself and also fails to believe that his actions are independent of himself. )e does not relate to his own produce and hard work and rather considers it important the he is serving his employer to the full ability which he has. This is the problem which we are facing in the modern days. The alienation of labour has touched its peaks and the differentiation and separateness which has come in has affected us completely. The average workman of the industries now is at a loss of their own identification. This does not mean that communism is spreading a complete alienation as to the employer and employees. It is spreading awareness relating to the fact that the labourers are not enjoying the fruits of their work. They are highly dependent for the wages they are receiving and hence are exploited even after they give in their efforts and hard work.
+-
Falue, rice and rofit, +-B
+8
6apital, Folume I 71as 'apital9, +-C
CHAPTER 8 THE RELATIONS There are two kinds of relationships which are existing primarily according to the writings of Marx. )e terms them as direct and indirect as the terms are dictated. There are some relationships which are very direct and are completely unmediated as the case may be. If we look into the frontiers of the labour law jurisprudence, we will find that such relationships exist as between the workman and the goods he produce. There is no concept of mediation which is existing in between them and that of the products they are taking up in this case.2> The other relationship which is existing can be both direct as well as indirect. This is in between the employer and the employee. This relationship is the one which is discussed and deliberated upon by the labour law. This is what leads to industrial disputes taking place and how the disputes can be sorted. The concept of strikes lock outs and every other labour law problem arises solely due to the fact that the labour law concept we see revolves about the ups and downs of this relationship. Marx deals with relationship throughout his work as one of the principle causes of the class conflict which gives rise to the complex hive between the many aspects of labour law which we find out. This is direct of the employees are under the direct control of their employer. "ut the $uestion crops up if there is different frontier altogether. This is because they can be working under a supervisor and hence having no direct relationship with their principle employer. If this problem crops up, then the deliberation is how to solve the issue which is at hand. This brings up the concept of representation which the concept of communism so strongly advocates. There should be a proper representative who shall be representing the grievances of the employee!s right in front of the principal employer which should be addressed within a particular point of time.
'
0upra (ote +3
This period of time becomes of significance due to the frame in which the problems are to be resolved. That is why this relationship comes to a rhetoric as to whether it can be sorted in the right demeanour or not. "ut the essence of this relationship lies in conviction and security. The labourers and the workmen are in need of security both in terms of their wages as well as the permanency in their jobs.2+ 5s for the $uestion of mediation, this relationship is completely open to mediation efforts and the negotiations sometimes pay off in order to determine the aspects of labour law which has been existing in the modern scenario. Mediation refers to the pacific settlement of disputes without going into the aegis or the juxtaposition of a value which has been a part and parcel of the events which have a negative effect on the specie beings. The strikes and every other necessity such as has been phased out in the modern era and the new era which has cropped in completely revolved around the concepts of mediation and arbitration so as to say. =itigation is obviously not a good method to resolve disputes if we talk about the labour law perspectives, partly because of the lack of funds of the unorgani#ed labour sector and partly because it is a one sided game as the labourers cannot garner up the resources uniformly to go and fight out a battle in the courtroom. The aspect we have to consider in this case is that the employers are not the only ones who are thwarting the efforts of the employees. The unorgani#ed sectors get very less represented in the legal scenario also. This is mainly due to the ignorance of the legal awareness among the daily labourers who are walking day in and day out to resolve any problem which can crop in due to this regard. The methods of dispute settlement hence have to be affordable for the unorgani#ed sector to deal with. "esides, awareness programme is a basic essential to get across to the millions of troubled workers who are unable to get their wages. 0o, the obvious alternative which is present in this case, arises to the doctrines which are mentioned in communism and which have been glorified after centuries of efforts by the revolutionary leaders all around. 0trikes are resorted to as the last and cheapest alternative which is available to the employee to voice his concern and ensure that
1
0upra (ote ++
it reaches to the higher echelons of the employers who are mostly unaware of the problems of the workmen who are employed under them. It is but a proven fact that to a devoted Marxist, the entire concept of law is one with a disreputable past and a limited future. With this pre conceived notion, it becomes impossible to judge the society as it passes from one changing phase to the other. It is of course, but a fact that the concept of law is dynamic and ever changing. That is why Marx has subse$uent followers who has gone against some of the basic tenets which was foretold as to find out greener pastures where the ideology can be spread. 5 mere assurance as to obtaining these benefits will be enough to get the confidence of the employees. "ut this is what has been causing problems from the historical perspectives. If we look at the major disputes which have been taken into litigation in both the Indian as well as the foreign courts, we will find that this is the major issue which the judges have addressed over a period of time and has not reached any particular determinant solution till now. Truth is, if we adjudge the vast plethora of the decisions in India, both by the )igh 6ourts as well as the foreign courts we will find that the entire issue has to be resolved taking into perspectives the aura of the facts and circumstances which have been involved in this. The third relationship which has been computed is one of completely indirect nature. It is between the buyers and the workmen. There is no existence of any link whatsoever between the workmen and the buyers buying the product. This relationship is one of the factors which lead up to the economic definition of labour law. It is but true that the definition of these relationships lie in the juxtaposition of several facts which are intertwined and can never reach a particular solution in this regard. The societal, economic as well as the labour aspects needs to be well guarded in order to come up with the proper solution which can solve the unsolved scenarios which are present. It is said by the critics that the words of Marx deal mostly with the economic scenario. "ut this is not true. conomy may be the base of the functionaries which are taking place but the superstructure still revolves around many possible aspects. The societal and legal scenarios have to examined before we can come up to a proper resolution of the problems. 5n absolution is
never a just method to end the horrendous cacophony of noises which cannot be distinguished even after several trials. The endless string of relationships have become more entangled with the progress of the society into even deeper levels of social strings which sometimes cannot be deciphered even after removing the principally dangerous loopholes.22
CHAPTER 9 THE INDIAN DIASPORA We should now move on from the theories to the real practical life. India has been a home for communism from a little late, from the +82>s to be precise. The main person who had been instrumental in bringing forth this movement is M.(.*oy, with this book, The 6all: 5wakening, he brings a new era into light in India. "ut before we go into the theoretical aspects and its conse$uences on the labour laws, we should understood one fact which is grossly misunderstood. The concept of communism is very different in India. We are not contending the fact that the basic doctrines have changed nor are we saying that the communists in India do not believe in the manifesto, but the point which the author is trying to make in this case is that the communism in India is a more refined form of communism, an indigenous form, which is rooted in the Indian beliefs and is satisfying the needs of Indian culture. M.(.*oy is more famous for being a radical humanist rather than being a communist. The main problem thus arises to link up the actual Marxist concept with that of Indian theories. "ut the obvious solution which stares at the face of the scholars is that of the Trotskian version of communism. Trotsky!s version of communism is more humanist in its approach and is not raw in its outlook. Indian communism is directly linked to the labour movement and the conse$uent developments which had taken place. The event which we should take into account in this case is basically due to the importance it holds in the history of India. This event dates back to a time even before that of M.(.*oy. The labour movement in India had humble beginnings. It started off with a person called 0hashipada "anerjee in 'olkata in the year +-C-. )e started with the publication of a journal called
22
6apital, Folume II Lposthumously published by ngels, +--B
K"haratiya 0hramajivi@ 7Indian =abourers9 from 'olkata which was exclusively devoted to the labourers. It stated the interests of the labourers and fought for their rights. This was a journal which was one of the first of its kinds and devoted to protecting the interests of the labourers. The journal was instrumental in bringing into open the problems of the labourers for the first time. "ut 0hashipada "anerjee did not stop at this. )e founded an institute in +--> where he started spreading awareness among the workers. This was done through a very noble effort. )e started to provide primary education among the workers. )e also started to make the workers aware of the issues of hygiene and how it will affect their health conditions. 0hashipada "anerjee did not stop at founding the organi#ation. )e opened a savings bank especially for the workers who used to work in 'olkata. The movement was not restricted to 'olkata though. 0urprising as it may sound if compared to the recent times, a similar effort was undertaken by Meghaji (arayan =okhande in the then "ombay though at a later time in +-8-. )e also started a journal by the name of DeenaBandhu 7/riend of the oor9 in the Marathi language. The first labour movement we find in India had started off in "engal. The movement of Indian labourers was more mature and older than their brethren in urope. The workers of the Indian railways took active participation in the first ever strike in the months of 5pril and May, +-2. This was in demand of - hours a day pattern in the working. It is to be noted that the historic day recogni#ed as May 1ay in 6hicago took place around a $uarter of a century later. The labour movement did not remain restricted to the parts of "engal only. It spread to the other parts of India as well. The first political strike by the Indian working class had started on the +3th Guly, +8>-. The first strike was done by the workers of the Jreeves and 6otton Mill in the erstwhile "ombay. The strike was done for protesting against the trial of the Indian freedom fighter, "al Jangadhar Tilak. "ut can this be called an issue of significance in =abour =aw. The author disagrees with =enin in this case. =enin, who had led the %ctober *evolution in *ussia, had praised these movements and highlighted their significance in history. "ut the author respectfully disagrees. There was no economic reason which was existing in this case. 0o this cannot be brought in within the purview of the =abour law jurisprudence of India as labour law. Moreover, this was a mere form of protest by the workers against the arbitrariness in which the
"ritish Jovernment was dealing with and crushing the Indian /reedom Movement. This had nothing to do with the Industrial 1isputes or any such allied issues. It was a mere offshoot of the freedom movement and did not in any way demonstrate the effect of communism in the evolution of labour law in the country. 0lowly and steadily, a large number of labour organi#ations came to be established in the different urban centers which were famous as the backbone of the industrial belt. "ut these cannot be considered to be a proof which led to the Industrial 1isputes. )owever, it has been deeply contested by the author that these movements were causes which led to the codification of labour laws in India. If we ask ourselves the $uestion as to why labour laws were codified and implemented in India, we find the answer that it was implemented to protect the interests of the labour. "ut it has already been proved as has been shown in the previous pages that it had been done mainly with an objective to have an effective and direct control over the workers by the government so that the 0tate can monitor the relationships between the employer and employee. India being a socialist country, this would be the basic objective of the lawmakers and legislators in this area. If the objective of labour law is taken into consideration, we can understand that these movements were deeply related to the reasons which led to the formation of the laws. These movements were obviously serving as considerations for the law makers to frame the aspects of labour laws. Though the basic framework has been preventive and curative in nature, with the Industrial 1isputes 5ct looking to prevent any conflicts between the employer and the employee and curing the conflicts which are arising, it can be said that the underline meaning and objective of the 5ct was taken from the very events which shaped up the history of the labour movements in the country. The socialists and communists were the key persons who led the movement in the industrial centers of the country. The same channel was followed even during the post independence era. The post independence era was more related to the fact that economic reasons got a priority for causing a demonstration or a strike to take place.
With the proliferation of the industries taking place in the post independence era, the workmen started to make their presence felt. It has been critici#ed that communism has been successful in only three states in the entire country. "ut the author contends that it is but a misconception. True, communism has not got recognition from all classes in our country as it had received in *ussia or in 6hina, but it has always received support from labourers across the country. The term Trade Enionism and Trade Enions are nothing but offshoots from the concepts of communism. very industry in this country has a trade union to its credit where the problems of the working class are discussed and deliberated o n.
CHAPTER 10 THE RED BASTION "efore we come to communist stalwarts like ramod 1asgupta and Gyoti "asu, we have to acknowledge the contributions made by illustrious labour union leaders like Jeorge /ernandes and 1atta 0ampat who have left a lasting stamp on the whole working class movement in India n general. ramod 1asgupta was the father of the communism in "engal whose student, Gyoti "asu is a legend now after his death this year. )e was the one who brought in the "argah movement in "engal which helped the workmen class grossly in West "engal. The whole concept of 6ITE which still remains the principal trade union is the brainchild of the communist thinkers. /rom the time of Marx, communism has travelled across continents and centuries adapting itself to the tide of times, facing the criticisms and praises of generations who were there and generations to come.
/rom the textile labour movement right till the modern era it has been a journey of che$uered comparatives for the communism era. It has been a movement which has been tested by the aegis of time to raise the barriers of oblivion which has made so many a prey. With the new age "uddhadev "hattacharjee stepping in, we see a wave of the so termed capitalist communism, which has been critici#ed for going against the basic fundamentals of the Marxist theory and per se the Industrial 1isputes 5ct. With criticisms flowing in from all the corners, it is now apparent for us to consider this view. It is now but a view which is being taken that communism is no more supporting the labour movement. "ut the author strongly resents to the view. It has been from the entire paper how communism has shaped the jurisprudence of labour law. )ence, communism is still the driving force behind the labour law jurisprudence and will continue to remain so.
CHAPTER 11 CONCLUSION Man may come and man may go but humanity will go on forever. (ot every person becomes famous in history. )istory demands us to live a life in which we are bound by our own spheres and be taken into the folds of oblivion after our death. 'arl Marx has defeated the famed oblivion by formulating a theory which has moved millions throughout generations. We are faced with one of the most instigating and inspiring theories which the world has ever seen or known. 0imilarly =abour =aw jurisprudence has enthralled many with its charm and the wanderings it has caused throughout the centuries. In this paper, the author has combined the two to form a union which has been mesmeri#ing in its glory, unfathomable in the depths of philosophy, untouched by the curses of oblivion and tantali#ing by the very reasoning. /or a communist, the paper is a reali#ation of some mistakes from the past, some ghosts of the future. /or the rightist, the paper is a bare description of the facts with the author!s own candid interpretation. /or the ardent centralist and a political observer, the paper is document of proof where the author has tried to give a stamp of evidence to prove some rights wrong and some
wrongs right. The iconoclast has finally found a way through. The rhetoric has been tried to be answered. The vendetta has been framed. The hypothesis has been deciphered. Fainglory is not what we re$uire. We re$uire some retorts, some reactions which take a prudent man in the journey to the end of an era, to the start of a new millennia. 5s libido hits, we take a bow, a game over of the sophisticated upper class, a termination of contract of the oppressed workman. The era of the middle class dawns and the centrist stares at the political stars. The ultimate winner at the end of the day is the advocatus diabolin who plays his role to rake through the philosophies, play his game to the end of it all and win the ballot once and for all. 6ommunism remains the backbone of labour law jurisprudence, scholars may love it or hate it, but they can never ignore it.
