Scope and limitationsThe scope and limitations involved in this project are that Marx himself being a controversialsubject, 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 ofthe topic. While in India, most of the people look at the rightist viewpoint for the implementationofthelaws in picture, theauthorslook intoa completelycommunistand leftistideologyformaking the paper. The limitation is that primary sources of Marx and ngels are the only sourceswhich were available to the authors! discretion in making this project a reality. "ut the voicessuggest that the scope overshadows that of the limitation. While scholars may not like the factthat only one part of the history is being observed in this paper, it is also true that this one formof history is adding upto the culmination of a speciali#ed observation of that particularviewpoint. RESEARCH METHODOLOGYThe research methodology used is non doctrinal in nature with library resources and internet being the key sources in making this paper. "esides, this paper is also indebted a lot to the communist think tank for making the project a possibility. CHAPTER 1INTRODUCTIONThejurisprudenceoflabourlawisfascinatingaswell asenthrallingtakingintoaccount theseveral twists and turns it faced across centuries. The very concept of having a regulation forlabour and work forces arose because of the violation of the workmens! rights all around theworld. It is a known fact that law is the mirror of the entire society. When we see that the laws havebeen framed and circulated, we find a certain disregard to the entire concept of labour forces ifproper implementation is not present. The labour laws were also framed due to the conjectures ofthe societal values and the manners and ways in which the laws have evolved around the ages toform a compendium of issues which are ever enterprising and even helping the downtrodden toclimb up to great heights.It is always said that the labour laws are employee friendly. There are great debates which moveand shake coffee tables if we come to forefront that $uestion. "ut, there is something or rathersomepersoninthefieldof labour lawjurisprudencewhoisdominant throughout centurieswielding enough power to remove the scorches of oblivion to remain the driving force of labourlaw jurisprudence.There are thousands who had come after him and preached the same ideology and even broughtit 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 itcomes to labour law jurisprudence.The person who is being spoken about is 'arl Marx, and he being known as the person whothrough his works preached the doctrine of a revolution have always mentioned about the havesandthehavenots. (ot surprisinglyifwecometointerpret most ofhiswritings, wefindaemployer employee relationship which is being followed by him in all of his work.)ehasalways beeninfluencedbythewoesofthemassesinthisregardandtheindustrialdisputes and strikes which are always mentioned in the labour laws are nothing but a product ofthe revolutionary thought of 'arl Marx.If we come to describe the introduction to this project we should look into the way how thehistory of the labour law jurisprudence has travelled and unraveled itself in the various forms ithad taken over the period. In differentperiodswe finddifferentmessiahswhohadcomeasthe bringerofhope for thedowntrodden workmen bringing with them the promise of setting up humanitarian efforts to helpthem. *evolts are not common in the past. If we look into history we find revolts had been thereeven during the period of the gyptian civili#ations with the labour law jurisprudence drawing itsroots from there.CHAPTER 2THE LADY IN WHITE DRAPED IN REDThe 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 werefaced over the centuries by the workers, we find that the main woe they are facing is that they arebeing 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 lacklustertwists of laws which are there in the textbooks. They fall prey to the traps of the legal demeanourif we so call to say. The labourers normally resort to violent protests+to win their bread but it is not always true inany sense. It is basically a cover to the labour law jurisprudence which courts across the worldare 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 dueto the absence of materialistic money and hence a good lawyer or a legal representative to fightfor them in the courts. /or most people, Marx generally mean revolutions which are bloody and gory. "ut the truth isthat communism is not the only form of Marx. *evolutions are not always the solutions. Therehave been several Marxist thinkers who have actually gone into the depths of law in order tounderstandtheproblems andpossiblesolutionswhichareavailabletothelabourersinthisregard. The solutions can be one which be fought and achieved. 0ometimes it is an obvious one whichstares at your face while you cannot reali#e it.%therwise,it is also sometimes hidden in thefolders which have to be found out. This is the basic connection of 'arl Marx and labour law jurisprudence. Marx has provided atheoretical basis to a concept which was obscure from the very beginning of its existence. Thevery proof of this comes from the stages of evolution of Marxism which has been illuminatingthe pathof labour lawjurisprudence fromthe time of Marxtill the modernday,ramod1asgupta. This is the basic connection which we try to establish2 between the theoretical thoughts and thepractical reasonings of industrial disputes which has to be carried around throughout the worldand come up to a final solution to deal with the problem. The main solution is but rhetoric, an answer3 which cannot be answered even after deliberations.The connection having been but established, it is now prudent for us to delve into the issueswhich has been sought to be addressed since this time. CHAPTER 3THE 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 ?@ ,ostApolitical ,olitics 3739: ++-?@+8. The "ritish colonial rule is laced with the growth of the labour law jurisprudence and both arenaturally interwoven and interrelated with each other. "ritish colonialism is one of the classicalevents which have shaped the growth of the labour laws.It may be blessed and cursed but thepoint remains that it has been the driving force of the labour laws jurisprudence in the historicalfora. Theeconomyof the"ritishruleisoneof theprincipal considerations inshapingthedevelopment of labour law. The political scenario was also of beneficial importance if we cometo the point of discussing labour law jurisprudence. arlier, if we take into consideration therecent history of the Indian labour scenario, it was extremely difficult and cumbersome to getenoughIndianworkers tobe workingfor the "ritishgovernment. There was obviouslyaprovision 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 andstill remains a glotting disorder which has to be remedied. The factories 5ct came in with a proper codification of the existing laws which were alreadyresent at that particular time..The Indian textile Industry was the most famous industry at thatparticular point of time. Withtheriseof theMotibaghfamily, weseehowthelabour lawjurisprudence moved apart.B "ut what isthebasicrelationshipbetweenthehistoryoflabourlawsinIndiaandthebasicconceptof communism./or this weneedto pursuethethoughtsof not MarxhimselfbutofTrotsky. It was the virtue of Trotsky which played a vital role in framing the main base of Indiancommunism.India in its labour laws has never favoured a totalitarian communist society. We have never infact gone for complete communism. We have always looked towards a socialist approach evenduring the time we were under the "ritish rule. To date, India has ratified 38 International =abour %rganisation 7I=%9 conventions of which 3Care 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 1iscrimination7employment and occupation9 +8B-. If we look at the provisions of the factories act, we need to look at the basic aims and objectivesof theacts. If wecometoevaluatethecertainexistingfactors, wefindthat theIndustrial1isputes 5ctandits sister legislations have oneobjective in common,thatof a state controlwhich 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 ofcommunism, that of the =eninist and 0talinist perspective. 5 $uestion may arise in this regard asto India being an agrarian economy primarily with less impact on the industrial development. Wesee the basic similarity with *ussia in this regard. *ussia, the first country in which communismwas successful was primarily an agrarian society and defeated the basic purposes of Marx in thisregard.I CHAPTER 4THE MARX FACTOR'arl Marx remained the driving force behind the labour law movement in general providing atheoretical base to a tried and tested practical concept. *evolution was no more for theunorgani#ed but had a strong theoretical support to it.C It is but true that Marx had intended his theories to be applicable to industrial societies per se, butit was successful in the agrarian societies at large. India is no different. The very backbone oflabour law jurisprudence in India is based on the concepts of communism. /or this, we shouldforget the basic debate as to whether Marxism has been a success in India or not. What we should look into is the objective classification of law in a basic sense and find outwhether Marxism and labour law actually do correspond or fail to draw a single line of thoughtwhich is said to be existent. I "alakrishnan, J. 72>>>9 4Firgilian visions4, (ew =eft *eview B:+.2A-.$ "aldi, J. 7+8-B9 4(egri beyond Marx4, Midnight (otes -: 32AI5n internationalperspective oflabourlawperspective comes from the slave leader0tratocuswho was the first one who led the slaves of the Jreek civili#ations. "ut he is forgotten in thesands of time because history demands us to be so. )istory demands us not be commoners as tobe champions of every cause. There are only a few people whom history demands to be remembered. The first person whoactually started the labour law jurisprudence and became the one with the mark who can claimthe title Ka marx before marx@ is no one but 6hrist the =ord himself. )e was a slave leader wholed the revolt successfully and took the movement forward to be reckoned in history to be asuccessful personality in labour law jurisprudence. /or this, weshouldlookintothebasicinterpretationof thetermindustryintheIndustrial1isputes 5ct. It clearly refers to a perspective where both the vocation and avocation ofman istaken 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 weretaken into consideration regarding this. Marx had taken up where the slave movement ended. %f course, before Marx, there have severalpeople who had taken part in the revolutions and taken the side of the slaves in this regard. "utMarx remains the prominent person who has taken the movement onto a completely differentlevel with his theory of surplus value of labour which will be discussed in details. CHAPTER #%AGE LA&OUR CAPITALIf we look at the basic concept of wage labour capital theory of Marx we find how he has giventhewords of therevolutionaries andhasconvertedthemintoblackandwhiteandmadeaconcrete theory out of it. 5re those theories applicable in the present scenario of the modern dayswhere 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 anessential element of socialistic communism. )ence, we can combinely say that he sells his labourpower. What is meant by labour power in this caseH5n explanation must be rendered in this regard to the workers in order to understand that they donot go for $uibbling or wordAjuggling, but that they are handling the entire range of politicaleconomy, dealing with the bourgeois and the rendered haves so as to put in that way. It is to bekept in mind that the entire process which is involved is more or less unconstructive in its nature.This class which we are deliberating in this case deals with mostly the uneducated workers whoare illiterate and do not have their basic rights represented.- Most of the times, they are not evenaware of their rights and the manners they can go about in order to implement it. They are hencethe unrepresented sector who are downtrodden at the very least as we can say. If we go for aneconomic analysis and do not take into account the political motives behind this move, we findthat the supercilious cultured folk are not even aware of this thing and hence we find that thetotal addition of all the events add up to nullity. The problems of the workers stay for for theirwhole life with they being unable to address the problems in a proper manner without properrepresentation being given to them in courts of law and as well as in legislatures. )ence, we findthat the unrepresented classes having insoluble problems while the cultured intellectual excellingin this regard.8 If we look at the industrial practice of the classical political economy, we will find that there aretwo things which are pertinent to be solved in this case. /irstly, in our country we still follow thepractice where the current notion of manufacturer remains the same. )e buys and pays the labourof his employees. This is a highlypolitical notionwhichcanbe terminatedbya simplecombination of theory and practice which has been existing for a long period of time. - Jrundrisse, +-BC8 5 6ontribution to the 6riti$ue of ,olitical conomy, +-B8The book keeping activities and the price determining factors also play a major role in shapingthe current notion of labour laws. "ut if we naively consider the political economy in a largescale 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 haveto take into consideration the meaning of the term commodities. 6ommodities essentially meanthat the prices will rise and fall along with the rise and fall of manpower to a certain extent. Inthe case of diverse circumstances, we find that the established fact remains that the price of allcommodities continually changes keeping into mind the diverse circumstances which areexisting in the modern day scenario.+> 5ccording to Marx, chance plays a dominant role in determining the conditions and bends of thecommodities whichare existinginthe market. (ot surprisingly, this sets the tone for anindustrial dispute so as to say. The Industrial dispute is completely related to a chance. "y chanceis not really meant fate or luck but a proper mathematical calculation which can be understoodfrom 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 scienceand labour law itself can be empirically determined in order to understand the basic conceptswhichshouldbetakenintoconsiderationinthegivencase.Thefluctuationsandoscillationswhich take place in the society is a basic rule which determines the importance of labour law andconducts 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 intoconsideration in this case. If we do look into the determining factor as to find out whether thereis any converging point per se in the industrial jurisprudence it has to be the mother act whichhas 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 inwhichtheact hastorevolveinordertofacetheconse$uencesinthisregard. /irstly, aboutwhether the strikes should be taken into account if in case there is an industrial dispute. We find+> Theories of 0urplus Falue, 3 volumes, +-I211 0upra (ote Cthat theindustrial disputeswhichhavebeenspokenof inthecourt of lawis considerablyimportant 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 considerationwhich takes us back to the concept of Marxism. The theory of wage and value takes into accountthe working conditions which has to be evaluated before taking into account the passing phasesof industrial laws which are brought in. The problem arises primarily because of the conditionsof thelabourers inthis regard. ,ricefluctuations of essential commodities will leadtothedissatisfaction of workers. If they are unable to get their desired wages, they will obviously riseup in protest.+2 5ll industrial disputes generally have their root cause in the material considerations which havebeen provided by the employer. This is where economy comes in and we relate back to Marx forwhom economy is thebaseand everything elseaddsupto thesuperstructure andthe theorystands proved as in the jurisprudence of labour law, we see Marx proving that it is the economywhich will revolve the entire concept of industrial jurisprudence and everything else will play buta 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 outandstoppingall workanddeliberations frombeingconductedinaprincipal manner. "utgenerally the last resort is not used. (egotiations and mediations should be the preferred methodof dispute resolutions whichshould be taking place. This shows howMarx!s concept ofindustrial jurisprudence brings forth the multidisciplinary aspect as we go on to project financeand dispute resolution mechanisms.The value of anyone particular commoditycanbe determined bythe number of labourincorporated in it and also re$uisite for the production of the particular transaction which can beguaranteed to a certain regard. The value of the commodity will also determine the conditions ofthe labourers who might be going to organi#e strikes. +2 Theses on /euerbach, +-.B+3 The ,overty of ,hilosophy, +-.CCHAPTER 6THE SURPLUS THEORYMarx was to first to initiate an investigation so as to bring forward the value forming $uality oflabour. (ormally labour was never thought of by the employers to be a value concern. "ut Marxprimarily started with this kind of an approach to investigate into the problems of the commodityconcerned. The necessity of the value addition process brings us to the next theory of 'arl Marx that of theutility theory in which he has stressed on the magnitude of value corresponding to the $uantity oflabour which is to be determined. We have to bring into consideration the economist *icardo!sactions and the way he has interpreted the value theory of Marx and how he has stressed on thevalue forming $uality of labour to take into consideration in this case. )e has said that the notonly will the value addition be a necessary process but that of the apparent and real use of thelabour forces which is to be taken into account in any case or any given fact.+.The main deterrent whichthis theorypresents is that of the howthe value of labour isdetermined.%ne contradiction happens one after the other in order to add up to the chain ofevents 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 atime cycle, in which we have to deal with the basics of the evolution of the several trends. Themost commonmethod, of coursewill bethat of marginali#ationwhichwill determine theoutcome 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 inin fact very close to the actual method and hypothesis which Marx had prescribed and ended upin coming to the level of satisfaction or dissatisfaction which is rendered to be calculated in theendeavours of Marx.The basic point of contention in which the classical economists could not proceed from remainsthat of the value of labour which was first explained by Marx. It starts with labour value andreaches 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 peculiartype of a commodity. The labour law which is being practiced in the modern era is a very commodity based methodwhich has to be practiced in the modern world. The concept of communism even grows in themodern era because of the dissatisfaction of the labour class. With inflation on the rise, the basicessential commodities have to be challenged in this regard. )ence, Marxism as a theory will gomore into practice and be spread around the country.+I CHAPTER 7THE ALIENATION OF LABOURIt was the belief of 'arl Marx that there were four aspects of a man!s alienation that will beexisting in a capitalist society. The product of labour, labour processes, the human being and thehuman nature will be the four specific aspects of alienation that will be occurring in a capitalistsociety. In the product for labour the worker is alienated from the object he produces. This isprincipally because it is bought, owned and disposed off by the capitalist who owns the business.+I 5 6ontribution to the 6riti$ue of ,olitical conomy, +-B8In all societies, people used to use their own creative tendencies to produce items. "ut under acapitalist society this has primarily added up to the fact that it has become an alienated activitysimplybecausetheworkercannot evenusetheproductswhichheismanufacturingfortheowner of the industry.+C5ccording to communist ideology, it is contended that the alienation of the worker from what heproduces is intensified because the sense of belonging is completely lost in this case. The workeris no more in the productive mindset in which he used his own creativeness in order to make acertain product. The concept of sale and exchange has now been concentrated on a group of people, normally theburgeois. The proliteriates lose to them because they are the unorgani#ed sector who cannot addup to their labour being used for satisfying the needs of certain classes of people. This is one ofthe primary methods if we take into consideration the manner in which the labour lawjurisprudence has worked in this regard.The main contention of all the acts is peaceful methods and solving any industrial disputes whichare taking place. The primary industrial dispute has a basic reasoning. %ne of the important onesif that of the alienation of workmen that is happening. (ow, the condition of an industry is such that the workmen do not feel the sense of oneness withtheindustryat large. 5clear demarcationhas beenestablishedbetweentheowner andhisworkmen. This can be only be done to a certain extent through state interception. If we do cometo notify the meaning of state interception,we find that the touchstone of one of the primarystages of communism, that of socialism. India has been in this practice ever since independenceand it has been clearly mentioned in the preamble to the constitution that India is a socialistcountry.0imilarly, the labour legislations which we see are being followed in the case of India sought toprotect the employees from any harm being caused. It is true that the apex court has taken intoconsiderationthegrowthofindustries, butstill Indiaremainsrootedtotheworkmens! causetaking 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 oftheir labour. The creative power of the workmen are getting lost owing to the large dependencyon the machines and the mechanical implementation of the said schemes.+-The labour process is the second dimension we should divert our attention to. The identificationofthisprocessbyMarxwasdoneastotakingintoaccount thelackofcontrol whichbtheemployers haveovertheprocessofproduction. Thisamountstostatingthat thelabourlawjurisprudence also depends on the effective control of the employers and the employees. This isone of the effective factors which have been discussed in debates all around. The first mention ofthis we find is in the 1as 6apital of Marx wherein he actively debates and deliberates on theconcept of labour lawjurisprudence. This positionof active andeffectivecontrol formanimportant part of the treatise as he discusses in length of the importance.+8The 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 alsofails to believe that his actions are independent of himself. )e does not relate to his own produceand hard work and rather considers it important the he is serving his employer to the full abilitywhich he has. Thisistheproblemwhichwearefacinginthemoderndays. Thealienationof labour hastouchedits peaks andthedifferentiationand separatenesswhich hascome inhas affecteduscompletely. 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 andemployees. It is spreading awareness relating to the fact that the labourers are not enjoying thefruits of their work. They are highly dependent for the wages they are receiving and hence areexploited even after they give in their efforts and hard work.+- Falue, ,rice and ,rofit, +-IB+8 6apital, Folume I 71as 'apital9, +-ICCHAPTER 8THE RELATIONSThere are two kinds of relationships which are existing primarily according to the writings ofMarx. )e terms themas direct and indirect as the terms are dictated. There are somerelationships which are very direct and are completely unmediated as the case may be. If we lookinto the frontiers of the labour law jurisprudence, we will find that such relationships exist asbetween theworkmanand thegoods heproduce.Thereisnoconceptofmediationwhichisexisting 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 betweenthe employer and the employee. This relationship is the one which is discussed and deliberateduponbythelabour law.Thisiswhat leadstoindustrial disputestakingplaceandhowthedisputescan be sorted.Theconceptofstrikes lockoutsand everyother labourlawproblemarises solely due to the fact that the labour law concept we see revolves about the ups and downsof this relationship.Marx deals with relationship throughout his work as one of the principlecauses of the class conflict which gives rise to the complex hive between the many aspects oflabour law which we find out. This is direct of the employees are under the direct control of their employer. "ut the $uestioncrops up if there is different frontier altogether. This is because they can be working under asupervisor and hence having no direct relationship with their principle employer. If this problemcrops up, then the deliberation is how to solve the issue which is at hand. This bringsuptheconcept of representationwhichtheconcept of communismsostronglyadvocates. There should be a proper representative who shall be representing the grievances oftheemployee!sright infront oftheprincipal employer whichshouldbeaddressedwithinaparticular point of time. ' 0upra (ote +3This period of time becomes of significance due to the frame in which the problems are to beresolved. That is why this relationship comes to a rhetoric as to whether it can be sorted in theright demeanour or not. "ut the essence of this relationship lies in conviction and security. Thelabourers and the workmen are in need of security both in terms of their wages as well as thepermanency in their jobs.2+ 5s for the $uestion of mediation, this relationship is completely open to mediation efforts and thenegotiations sometimes pay off in order to determine the aspects of labour law which has beenexisting in the modern scenario. Mediation refers to the pacific settlement of disputes withoutgoing into the aegis or the juxtaposition of a value which has been a part and parcel of the eventswhich have a negative effect on the specie beings. The strikes and every other necessity such ashas beenphasedout inthemoderneraandthenewerawhichhas croppedincompletelyrevolved 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 lawperspectives, partlybecauseofthelackoffundsoftheunorgani#edlaboursectorandpartlybecause it is a one sided game as the labourers cannot garner up the resources uniformly to goand 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 arethwarting the efforts of the employees. The unorgani#ed sectors get very less represented in thelegal scenario also. This is mainly due to the ignorance of the legal awareness among the dailylabourers who are walking day in and day out to resolve any problem which can crop in due tothis regard. The methods of dispute settlement hence have to be affordable for the unorgani#ed sector to dealwith. "esides, awareness programme is a basic essential to get across to the millions of troubledworkers who are unable to get their wages. 0o, the obvious alternative which is present in thiscase, arises to the doctrines which are mentioned in communism and which have been glorifiedafter centuries of efforts by the revolutionary leaders all around. 0trikes are resorted to as the lastand cheapest alternative which is available to the employee to voice his concern and ensure that1 0upra (ote ++it reaches to the higher echelons of the employers who are mostly unaware of the problems of theworkmen who are employed under them.It is but aprovenfact that toadevotedMarxist, theentireconcept of lawis onewithadisreputable past and a limited future. With this pre conceived notion, it becomes impossible tojudge the society as it passes from one changing phase to the other. It is of course, but a fact thatthe concept of law is dynamic and ever changing. That is why Marx has subse$uent followerswho has gone against some of the basic tenets which was foretold as to find out greener pastureswhere the ideology can be spread. 5 mereassuranceastoobtainingthesebenefitswill beenoughtogettheconfidenceoftheemployees. "ut this is what has been causing problems from the historical perspectives. If welook at the major disputes which have been taken into litigation in both the Indian as well as theforeign courts, we will find that this is the major issue which the judges have addressed over aperiod of time and has not reached any particular determinant solution till now. Truth is, if weadjudge the vast plethora of the decisions in India, both by the )igh 6ourts as well as the foreigncourts we will find that the entire issue has to be resolved taking into perspectives the aura of thefacts and circumstances which have been involved in this. Thethirdrelationshipwhichhas beencomputedis oneof completelyindirect nature. It isbetween the buyers and the workmen. There is no existence of any link whatsoever between theworkmen and the buyers buying the product.This relationship is one of the factors which lead up to the economic definition of labour law. Itis but true that the definition of these relationships lie in the juxtaposition of several facts whichare intertwined and can never reach a particular solution in this regard. The societal, economic aswell as the labour aspects needs to be well guarded in order to come up with the proper solutionwhich 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 isnot true. conomy may be the base of the functionaries which are taking place but thesuperstructure still revolves around many possible aspects. The societal and legal scenarios haveto examined before we can come up to a proper resolution of the problems. 5n absolution isnever a just method to end the horrendous cacophony of noises which cannot be distinguishedeven after several trials. The endless string of relationships have become more entangled with theprogressofthesocietyintoevendeeperlevelsofsocial stringswhichsometimescannot bedeciphered even after removing the principally dangerous loopholes.22 CHAPTER 9THE INDIAN DIASPORAWe should now move on from the theories to the real practical life. India has been a home forcommunismfroma little late,fromthe +82>sto be precise.The main person whohad beeninstrumental in bringing forth this movement is M.(.*oy, with this book, The 6all: 5wakening,he bringsa neweraintolight in India."ut before wego into the theoreticalaspects anditsconse$uences on the labour laws, we should understood one fact which is grossly misunderstood.The concept of communism is very different in India. We are not contending the fact that thebasic doctrines have changed nor are we saying that the communists in India do not believe inthe manifesto, but the point which the author is trying to make in this case is that the communismin India is a more refined form of communism, an indigenous form, which is rooted in the Indianbeliefs and is satisfying the needs of Indian culture. M.(.*oy is more famous for being a radicalhumanistrather thanbeing a communist.The mainproblemthusarises to link up theactualMarxist concept with that of Indian theories. "ut the obvious solution which stares at the face ofthe scholars is that of the Trotskian version of communism. Trotsky!s version of communism ismore humanist in its approach and is not raw in its outlook. Indian communism is directly linkedto the labour movement and the conse$uent developments which had taken place.The event which we should take into account in this case is basically due to the importance itholds in the history of India. This event dates back to a time even before that of M.(.*oy. Thelabour movement in India had humble beginnings. It started off with a person called 0hashipada"anerjeein'olkataintheyear +-C-. )estartedwiththepublicationof ajournal called22 6apital, Folume II Lposthumously published by ngelsM, +--BK"haratiya 0hramajivi@ 7Indian =abourers9 from 'olkata which was exclusively devoted to thelabourers. It stated the interests of the labourers and fought for their rights. This was a journalwhich 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 firsttime. "ut 0hashipada "anerjee did not stop at this. )e founded an institute in +--> where hestarted spreading awareness among the workers. This was done through a very noble effort. )estarted to provide primary education among the workers. )e also started to make the workersaware of the issues of hygiene and how it will affect their health conditions. 0hashipada"anerjeedidnot stopat foundingtheorgani#ation. )eopenedasavings bankespecially 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 wasundertaken by Meghaji (arayan =okhande in the then "ombay though at a later time in +-8-. )ealso 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 Indianlabourers was more mature and older than their brethren in urope. The workers of the Indianrailways took active participation in the first ever strike in the months of 5pril and May, +-I2.This was in demand of - hours a day pattern in the working. It is to be noted that the historic dayrecogni#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 otherparts of India as well. The first political strike by the Indian working class had started on the +3thGuly,+8>-. Thefirst strikewasdonebytheworkersoftheJreevesand6ottonMill intheerstwhile "ombay. The strikewas doneforprotestingagainst thetrialof theIndian freedomfighter, "al Jangadhar Tilak. "ut can this be called an issue of significance in =abour =aw.Theauthordisagreeswith=enininthiscase. =enin, whohadledthe%ctober*evolutionin*ussia, had praised these movements and highlighted their significance in history. "ut the authorrespectfully disagrees. There was no economic reason which was existing in this case. 0o thiscannot 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"ritishJovernment wasdealingwithandcrushingtheIndian/reedomMovement.Thishadnothing to do with the Industrial 1isputes or any such allied issues. It was a mere offshoot of thefreedommovement anddidnot inanywaydemonstrate the effect of communismintheevolution of labour law in the country.0lowlyandsteadily, alargenumber of labour organi#ations cametobeestablishedinthedifferent urbancenterswhichwerefamousasthebackboneoftheindustrial belt. "ut thesecannot 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 ledto the codification of labour laws in India. If we ask ourselves the $uestion as to why labour lawswere codified and implemented in India, we find the answer that it was implemented to protectthe interests of the labour. "ut it has already been proved as has been shown in the previouspages that it had been done mainly with an objective to have an effective and direct control overtheworkersbythegovernment sothat the0tatecanmonitor therelationships betweentheemployer and employee. India being a socialist country, this would be the basic objective of the lawmakers and legislatorsin this area. If the objective of labour law is taken into consideration, we can understand thatthesemovementsweredeeplyrelatedtothereasonswhichledtotheformationofthelaws.Thesemovementswereobviouslyservingasconsiderationsforthelawmakerstoframetheaspects 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 theemployee and curing the conflicts which are arising, it can be said that the underline meaningandobjective of the 5ctwas takenfrom thevery eventswhichshaped up thehistoryofthelabour movements in the country.The socialistsand communistswere thekey persons wholedthemovementintheindustrialcenters 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 forcausing a demonstration or a strike to take place. With the proliferation of the industries taking place in the post independence era, the workmenstarted to make their presence felt. It has been critici#ed that communism has been successful inonly 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. ThetermTrade Enionismand Trade Enions are nothing but offshoots fromthe concepts ofcommunism. very industry in this country has a trade union to its credit where the problems ofthe working class are discussed and deliberated on. CHAPTER 10THE RED BASTION"eforewecometocommunist stalwartslike,ramod1asguptaandGyoti "asu, wehavetoacknowledge the contributions made by illustrious labour union leaders like Jeorge /ernandesand 1atta 0ampat who have left a lasting stamp on the whole working class movement in India ngeneral. ,ramod 1asgupta was the father of the communism in "engal whose student, Gyoti "asu is alegend 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 6ITEwhich still remains the principal trade union is the brainchild of the communist thinkers. /romthe time of Marx, communism has travelled across continents and centuries adapting itself to thetide of times, facing the criticisms and praises of generations who were there and generations tocome./rom the textile labour movement right till the modern era it has been a journey of che$ueredcomparatives for the communism era. It has been a movement which has been tested by the aegisof time to raise the barriers of oblivion which has made so many a prey. Withthenewage"uddhadev"hattacharjee steppingin, weseeawaveof thesotermedcapitalist communism, which has been critici#ed for going against the basic fundamentals of theMarxist theory and per se the Industrial 1isputes 5ct. With criticisms flowing in from all thecorners, 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 labourmovement. "ut the author strongly resents to the view. It has been from the entire paper howcommunism has shaped the jurisprudence of labour law. )ence, communism is still the drivingforce behind the labour law jurisprudence and will continue to remain so. CHAPTER 11CONCLUSIONMan may come and man may go but humanity will go on forever. (ot every person becomesfamous in history. )istory demands us to live a life in which we are bound by our own spheresandbetakenintothefoldsof oblivionafter our death. 'arl Marxhasdefeatedthefamedoblivionbyformulatingatheorywhichhasmovedmillionsthroughout generations. Wearefaced with one of the most instigating and inspiring theories which the world has ever seen orknown. 0imilarly =abour =awjurisprudence has enthralled many with its charmand thewanderings it has caused throughout the centuries. In this paper, the author has combined the twotoformaunionwhichhas beenmesmeri#inginits glory, unfathomable inthe depths ofphilosophy, untouchedby the cursesof oblivionand tantali#ing bytheveryreasoning./oracommunist, the paper is a reali#ation of some mistakes from the past, some ghosts of the future./or therightist, thepaper is abaredescriptionof thefacts withtheauthor!sowncandidinterpretation. /or the ardent centralist and a political observer, the paper is document of proofwhere the author has tried to give a stamp of evidence to prove some rights wrong and somewrongs right. The iconoclast has finally found a way through. The rhetoric has been tried to beanswered. The vendetta has been framed. The hypothesis has been deciphered. Fainglory is notwhat were$uire. Were$uiresomeretorts, somereactionswhichtakeaprudent maninthejourney to the end of an era, to the start of a new millennia. 5s libido hits, we take a bow, a gameover of the sophisticated upper class, a termination of contract of the oppressed workman. Theera of the middle class dawns and the centrist stares at the political stars. The ultimate winner atthe 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 thebackbone of labour law jurisprudence, scholars may love it or hate it, but they can never ignoreit.