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 Engels are the only sources
which were available to the authors discretion in making this project a reality. But 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 history is adding upto the culmination of a specialized observation of that particular
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. Besides, this paper is also indebted a lot to the
communist think tank for making the project a 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 question. But, 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.
One thing is for certain. You 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 Karl 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. Not 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.

He 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 Karl 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. Revolts are not common in the past. If we look into history we find revolts had been there
even during the period of the Egyptian civilizations 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 protests1 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

Economic and Philosophical Manuscripts of 1844, 1844

It is but a fact that the unorganized 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.
For most people, Marx generally mean revolutions which are bloody and gory. But the truth is
that communism is not the only form of Marx. Revolutions 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. Sometimes it is an obvious one which
stares at your face while you cannot realize it. Otherwise, it is also sometimes hidden in the
folders which have to be found out.
This is the basic connection of Karl 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 Pramod
Dasgupta.
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
2

'After Marx, April' Collective (1981) 'We want to riot, not to work', Anarchy 33: n.p.

Albertani, C. (1981) The return of the social revolution. Or, well dug, old mole!, La Politica in Prima Persona,
Rising Free. Alliez, E. (1980) Hegel and the Wobblies, trans. W. Pagnotta, Semiotext(e): Italy: Autonomia " Postpolitical Politics 3(3): 118"19.

The British colonial rule is laced with the growth of the labour law jurisprudence and both are
naturally interwoven and interrelated with each other. British 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 British 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. Earlier, 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 British 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 Act came in with a proper codification of the existing laws which were already
resent at that particular time.4 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.5
But what is the basic relationship between the history of labour laws in India and the basic
concept of communism. For 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 British rule.
To date, India has ratified 39 International Labour Organisation (ILO) conventions of which 37
are in force. Of the ILOs eight fundamental conventions, India has ratified four Forced Labour

Bakunin, M. (1973) Bakunin on Anarchy: Selected Works by the Activist-Founder of World Anarchism, trans. S.
Dolgoff, London: Allen and Unwin. Bakunin on Violence: Letter to S, Nechayev June 2 1870, New York: Anarchist
Switchboard.
5
Supra Note 1

1930, Abolition of Forced Labour 1957, Equal Remuneration 1951, and Discrimination
(employment and occupation) 1958.
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
Disputes Act 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 control? To answer this we have to go back to the Russian aspects of
communism, that of the Leninist and Stalinist perspective. A question 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 Russia in this regard. Russia, the first country in which communism
was successful was primarily an agrarian society and defeated the basic purposes of Marx in this
regard.6

CHAPTER 4
THE MARX FACTOR
Karl Marx remained the driving force behind the labour law movement in general providing a
theoretical base to a tried and tested practical concept. Revolution was no more for the
unorganized but had a strong theoretical support to it.7
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. For 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.

Balakrishnan, G. (2000) 'Virgilian visions', New Left Review 5:142-8.

Baldi, G. (1985) 'Negri beyond Marx', Midnight Notes 8: 32-6

An international perspective of labour law perspective comes from the slave leader Stratocus
who was the first one who led the slaves of the Greek civilizations. But he is forgotten in the
sands of time because history demands us to be so. History 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 a marx before marx is no one but Christ the Lord himself. He 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.
For this, we should look into the basic interpretation of the term industry in the Industrial
Disputes Act. It clearly refers to a perspective where both the vocation and avocation of man is
taken into consideration. Where do we get this mechanism from? The simple answer is the Bible,
which shows in the Matthews and Luke about how the vocation and the avocation of man were
taken into consideration regarding this.
Marx had taken up where the slave movement ended. Of course, before Marx, there have several
people who had taken part in the revolutions and taken the side of the slaves in this regard. But
Marx remains the prominent person who has taken the movement onto a completely different
level with his theory of surplus value of labour which will be discussed in details.

CHAPTER 5
WAGE LABOUR 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. Are 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 question,
if the worker sells his labour for wages which he receives from the capitalist, then it forms an
essential element of socialistic communism. Hence, we can combinely say that he sells his labour
power. What is meant by labour power in this case?
An explanation must be rendered in this regard to the workers in order to understand that they do
not go for quibbling or word-juggling, 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.8 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. Hence, we find
that the unrepresented classes having insoluble problems while the cultured intellectual excelling
in this regard.9
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. Firstly, in our country we still follow the
practice where the current notion of manufacturer remains the same. He 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.

Grundrisse, 1857

A Contribution to the Critique of Political Economy, 1859

The book keeping activities and the price determining factors also play a major role in shaping
the current notion of labour laws. But 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 Karl Marx, we have
to take into consideration the meaning of the term commodities. Commodities 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.10
According to Marx, chance plays a dominant role in determining the conditions and bends of the
commodities which are existing in the market. Not surprisingly, this sets the tone for an
industrial dispute so as to say. The Industrial dispute is completely related to a chance. By 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.11
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 Disputes Act takes into consideration the important factor as to the timeframe in
which the act has to revolve in order to face the consequences in this regard. Firstly, about
whether the strikes should be taken into account if in case there is an industrial dispute. We find
10

Theories of Surplus Value, 3 volumes, 1862

11

Supra Note 7

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. Price 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.12
All 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.13
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. But
generally the last resort is not used. Negotiations and mediations should be the preferred method
of dispute resolutions which should be taking place. This shows how Marxs 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 requisite 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 organize strikes.
12

Theses on Feuerbach, 1845

13

The Poverty of Philosophy, 1847

CHAPTER 6
THE SURPLUS THEORY

Marx was to first to initiate an investigation so as to bring forward the value forming quality of
labour. Normally labour was never thought of by the employers to be a value concern. But 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 Karl Marx that of the
utility theory in which he has stressed on the magnitude of value corresponding to the quantity of
labour which is to be determined. We have to bring into consideration the economist Ricardos
actions and the way he has interpreted the value theory of Marx and how he has stressed on the
value forming quality of labour to take into consideration in this case. He 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.14
The main deterrent which this theory presents is that of the how the value of labour is
determined. One 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 marginalization which will determine the
outcome of the procedures of labour which will be existing in the world.15

14

In Marxs Critique of Political Economy, which appeared in 1859, and in the first volume of Capital.

15

Manifesto of the Communist Party, 1848

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. Labour 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. Hence, Marxism as a theory will go
more into practice and be spread around the country.16

CHAPTER 7
THE ALIENATION OF LABOUR
It was the belief of Karl Marx that there were four aspects of a mans 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.

16

A Contribution to the Critique of Political Economy, 1859

In all societies, people used to use their own creative tendencies to produce items. But 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.17
According 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 unorganized 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. One of the important ones
if that of the alienation of workmen that is happening.
Now, the condition of an industry is such that the workmen do not feel the sense of oneness with
the industry at large. A 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.
Similarly, 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.
17

Supra Note 8

Hence 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.18
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 Das Capital 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.19
The part which is of the highest importance is that the independence of the workers should be
questioned. This is primarily because that is the basic fundamentals of the revolutions aspect of
Karl 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. He 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.
18

Value, Price and Profit, 1865

19

Capital, Volume I (Das Kapital), 1867

CHAPTER 8
THE RELATIONS
There are two kinds of relationships which are existing primarily according to the writings of
Marx. He 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.20
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. But the question
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 employees right in front of the principal employer which should be addressed within a
particular point of time.

20

Supra Note 13

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. But 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.21
As for the question 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.
Litigation 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 unorganized 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 unorganized 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 unorganized sector to deal
with. Besides, awareness programme is a basic essential to get across to the millions of troubled
workers who are unable to get their wages. So, 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. Strikes are resorted to as the last
and cheapest alternative which is available to the employee to voice his concern and ensure that
21

Supra Note 11

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 subsequent 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.
A mere assurance as to obtaining these benefits will be enough to get the confidence of the
employees. But 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 High Courts 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. But this is
not true. Economy 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. An 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 1920s to be precise. The main person who had been
instrumental in bringing forth this movement is M.N.Roy, with this book, The Call: Awakening,
he brings a new era into light in India. But before we go into the theoretical aspects and its
consequences 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.N.Roy 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. But the obvious solution which stares at the face of
the scholars is that of the Trotskian version of communism. Trotskys 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 consequent 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.N.Roy. The
labour movement in India had humble beginnings. It started off with a person called Shashipada
Banerjee in Kolkata in the year 1878. He started with the publication of a journal called
22

Capital, Volume II [posthumously published by Engels], 1885

Bharatiya Shramajivi (Indian Labourers) from Kolkata 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. But Shashipada Banerjee did not stop at this. He founded an institute in 1880 where he
started spreading awareness among the workers. This was done through a very noble effort. He
started to provide primary education among the workers. He also started to make the workers
aware of the issues of hygiene and how it will affect their health conditions.
Shashipada Banerjee did not stop at founding the organization. He opened a savings bank
especially for the workers who used to work in Kolkata. The movement was not restricted to
Kolkata though. Surprising as it may sound if compared to the recent times, a similar effort was
undertaken by Meghaji Narayan Lokhande in the then Bombay though at a later time in 1898. He
also started a journal by the name of DeenaBandhu (Friend of the Poor) in the Marathi language.
The first labour movement we find in India had started off in Bengal. The movement of Indian
labourers was more mature and older than their brethren in Europe. The workers of the Indian
railways took active participation in the first ever strike in the months of April and May, 1862.
This was in demand of 8 hours a day pattern in the working. It is to be noted that the historic day
recognized as May Day in Chicago took place around a quarter of a century later.
The labour movement did not remain restricted to the parts of Bengal only. It spread to the other
parts of India as well. The first political strike by the Indian working class had started on the 13 th
July, 1908. The first strike was done by the workers of the Greeves and Cotton Mill in the
erstwhile Bombay. The strike was done for protesting against the trial of the Indian freedom
fighter, Bal Gangadhar Tilak. But can this be called an issue of significance in Labour Law.
The author disagrees with Lenin in this case. Lenin, who had led the October Revolution in
Russia, had praised these movements and highlighted their significance in history. But the author
respectfully disagrees. There was no economic reason which was existing in this case. So this
cannot be brought in within the purview of the Labour law jurisprudence of India as labour law.
Moreover, this was a mere form of protest by the workers against the arbitrariness in which the

British Government was dealing with and crushing the Indian Freedom Movement. This had
nothing to do with the Industrial Disputes 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.
Slowly and steadily, a large number of labour organizations came to be established in the
different urban centers which were famous as the backbone of the industrial belt. But these
cannot be considered to be a proof which led to the Industrial Disputes.
However, 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 question 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. But 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 State 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 Disputes Act 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 Act 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 criticized that communism has been successful in
only three states in the entire country. But 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
Russia or in China, but it has always received support from labourers across the country. The
term Trade Unionism and Trade Unions are nothing but offshoots from the concepts of
communism. Every industry in this country has a trade union to its credit where the problems of
the working class are discussed and deliberated on.

CHAPTER 10
THE RED BASTION
Before we come to communist stalwarts like Pramod Dasgupta and Jyoti Basu, we have to
acknowledge the contributions made by illustrious labour union leaders like George Fernandes
and Datta Sampat who have left a lasting stamp on the whole working class movement in India n
general.
Pramod Dasgupta was the father of the communism in Bengal whose student, Jyoti Basu is a
legend now after his death this year. He was the one who brought in the Bargah movement in
Bengal which helped the workmen class grossly in West Bengal. The whole concept of CITU
which still remains the principal trade union is the brainchild of the communist thinkers. From
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.

From the textile labour movement right till the modern era it has been a journey of chequered
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 Buddhadev Bhattacharjee stepping in, we see a wave of the so termed
capitalist communism, which has been criticized for going against the basic fundamentals of the
Marxist theory and per se the Industrial Disputes Act. 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. But the author strongly resents to the view. It has been from the entire paper how
communism has shaped the jurisprudence of labour law. Hence, 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. Not every person becomes
famous in history. History 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. Karl 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. Similarly Labour Law 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 mesmerizing in its glory, unfathomable in the depths of
philosophy, untouched by the curses of oblivion and tantalizing by the very reasoning. For a
communist, the paper is a realization of some mistakes from the past, some ghosts of the future.
For the rightist, the paper is a bare description of the facts with the authors own candid
interpretation. For 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. Vainglory is not
what we require. We require 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. As 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. Communism remains the
backbone of labour law jurisprudence, scholars may love it or hate it, but they can never ignore
it.