Synopsis on "Industrial Dispute - A critical analysis"

Synopsis on Industrial Dispute

The Law, i.e. Industrial Development Act, 1947 remained a law that protect the interest of Labours in the Large scale sector due to its economic policies.  The Labour Laws became less relevant since the aura of economy diversified through the process of liberalisation and globalisation.  The other factors of labour in unorganised sectors and crime labours were ignored while addressing the Workers’ right.  There has been a systematic ignorance in the women as workforce and children as labour.  There are other factors of dispute such as land, resources (natural and human), market, technology, patent and intellectual properties.  The industrial disputes is also the outcome of the policy making and parallel system that runs besides the Government and Banks.

Academically, there have been efforts to study the issues of labour and workforce.  The approach on the labour issues have been deceptive since no labour exist without the enterprising skills.  There have been approaches to study various forms of slavery, i.e. from Chattel system, Peonage, Debt slave, Penal and Lease slave and truck system, but the aspects of the enterprises are not addressed.  From the modern theory of slavery, the non-payment of wages were the defining source of slavery, but the other factors, such as generation of money or economy, trade, etc., were not included in the theory of slavery.  Just because, these factors were not included in the discourse, the slavery in the form of Chattel, Peonage, Debt, Penal, Lease and Truck system still exists in the modern form.  Failing the address to the enterprising skill, the labour issues have become a conflict and dispute.  One-sided or partisan approach towards the welfare of Labour become an ‘ideology’. 

Manumission from slavery existed in every culture, as described in the religious texts.  There remained a time-frame for slavery that was almost six years of service.  Manumission was right of the slaves.  This indicates that slavery was more a punishment that exploitation of a life.  Slaves in the ancient time were the war criminals.  Whereas, in others period slave became a trade as migrant workers in the Arab countries.  In India, slavery never existed since the lowest strata of the society were of the indigenous community and the elitist were migrants.  Thus, the exploitation of the dalits had the legacy of the colonial rule.  British expanded its regime through the population shifts to fill the largest territories that they captured strategically.

The evolution of the socio-economic condition in the Industrial era has introduced the wage labours.  This enable the society in just not the change in the labour system as the skills evolved through the transformation of the technology from the manual labour.  The wages were given to the men and for their expenses of the family members.  This made men as provider and became the bread-earned and women became the domestic servitude.  This expelled women from the cores of economy to unfree labours.  Children became separated from the vocation learning and left to the menial jobs which were unpaid.  The Union of men of skills created association to negotiate the welfare measure for their families with their employers.  They used strikes as a negotiation tools.  This enable the Government to legitimise Unions and the tribunals were formed to resolve disputes.  The union also made the political ally to share political power.  There were a larger section of the society of the unskilled population or craft unions took-over by the ideology of class war and formed a forum of Communism.

The creation of Labour Party to have a better process to legislate the welfare policies for the workforce. Earlier, Trade Union remained a tool of negotiation through strikes and shutdown. This minimise their role of trade-unions as coordination and consolidation of the political capital for the Labour Party. Whereas, the communism became the ally of the political power. The members of the communism, were the large section of the society. They were not only the political capitals, but also the workforce for the parallel economy. The society divided between 'have' and 'have-not'. The 'have' were skilled worker, whereas 'have-not' remained unskilled worker. The women and children were the potent workforce of the 'have-not' sector. This brought them under the chattel system. The expansion of the Communism to across European countries allowed an ideological war and the advocacy of the 'dictatorship of proletariat'. This led the formation of USSR under the flagship of Russia and enslave the population of eastern-Europe on minimum wages under Truck system. This empowered Russia in the world order while destroying the cultural economy of the region. Academically and politically the women, children and unskilled labour became slaves or unfree labour as communist. They bound them under the tag of ideology and gave a parallel economy that threatened the society as class war.

In the economy section, the approach of monetary policies play a significant role in the Industrial disputes. There are primarily two sections of monetary policy, i.e. Credit system, i.e. Central Bank and Fiscal system, the Government. Credit system creates wealth by mortgaging skills, assets and liberty, whereas fiscal policy provides security and environment to create skills and employments ability. Credit system create wealth thorough 'interest', whereas, fiscal system earn through 'tax'. Both systems are interdependent. The relevance of the currency plays a significant role in the poverty alleviation. However, the absence of circulation of money in the remote or rural regions, block development. The allocation of the reserves of currency depends upon the collateral security of gold deposits, by the government. The quota of the reserves is the monetary policy of the International Financial Organisations, such as International Monetary Fund, World Bank, etc. The infrastructural development of the sovereign country is controlled by the monetary policies of these global banks through conditional aids. This block indigenous policy making system and thus, the benefit does not reach to all. This creates economic feudalism.

The relevance of currency is not limited to the circulation, but its legitimacy from the central authority, whether in the national or in the Global system.  The value of currency effect the international relation and trading.  The hegemony of the US dollars is because they enjoy the currency sovereignty and the acceptability of the currency and global standard.  This allow US to have its strategic relations in the world.  Though the monetary policy of the World system is controlled by IMF, there are alternative currency and alternate trade system that wants to break the central authority.  The foremost is the counterfeit currency that challenge the trade relations.  Secondly, the cryptocurrency, which is a cybercurrency and has no legitimacy by the central authority.  The control of the United States is making the other part of the world discomfort due to the hegemony of the US Dollar.  The opening of the new regional ties under dependency theory, BRICS created a central banking system to alter the US hegemony.  This is an Industrial Dispute due to the conflict of currency.

Besides the Central Reserve Bank and the fiscal policy of the government, there are another factor that generate money from the people, i.e. Stock Market.  Stock Market plays a role of catalyst that generate investment for the economy sector and investment from the public, financial institutions, government and foreign agencies, etc.  The stock or share is more relevant in controlling the resources instead of just a paradigm of investment.  Mutual Funds and Chit Funds are two forms of stock that is utilised for investment in securing resources.  Mutual Funds is macro stock and Chit funds is micro stock.  Though gold has been treated most valued exchange due to its engagement of manual skilled labour process.  Whereas, the labour engaged in other inputs are more technically advanced and sophisticated.  The gold devalues other skills and thus, it needs a rethinking of the standard of currency.  The feudalism of currency through SDR, i.e. Special Drawing Rights of Euro, US Dollar, Yen, Pounds Sterling and Yuan created by IMF has diversified currency exchange under the exchange value of the US Dollar.  This underestimated the currency sovereignty of other countries.  Even though the standard of these SDR exchange remained gold, but it could not overtake the sovereignty of US Dollar in the World system.  IMF, World Bank and other Financial Institution continued the trend of credits and enslave the world population as debt slaves through the policies made by government.

The global impact on the Trade Unions were damaging.  The trade unions lost its grip of the negotiating tool due to global policies.  Though the global policies were meant to target the hegemony of Trade Unions who captivated the skilled workforce, but the other factors also included in the decision. The other decisions included the investments, market, resources and labours.  It was outsourcing the production, marketing strategies, research and development to various countries.  This is more a marketing strategies than the trade union issues.  Investment were mainly the collection of investments through local franchise.  These investors could be public, government, political establishments, benami investors or financial institutions.  This not only damaged the trade union, but also weaken the State.  Corporate became a global policy, where national policies due to corruption and incompetence became bleak. This created unemployment due to narrow utilisation of skills.

The disputes always has the relevance of the instinct of crime. However, when the instinct of crime take a shape of structure is called organised crime. The criminology perspective of Industrial Dispute cannot ignore the class war theory. Class war theory is a criminal approach since it advocate for dictatorship of proletariat. Dictatorship is always a coercion and not consensus. Coercion of idea or ideology is always there is other side to be imposed or resist. Thus, the theory of dictatorship of proletariat is always a coercion against the 'have' or the elitists.  Naxalism remained an ideology of the class struggle which was compensated with the land reforms. However, the seed of anti-state or anti-power remained a potent tool of aggression.  Naxalism, Marxism or Maoism are different sides of the same ideology, i.e. class war. Class war is a tool of extortion by means of violence. The structured violence, i.e. terrorism, forced displacement, genocide and created pandemics are the mechanism to extortion. The creation of ICMLPO in the global order using the periphery nations or the disputed territories are used to target the government. This became tool to influence the government policies that could benefit the specific corporate under the patronage of France. The ICMLPO networks use its tool as strike, riots, revolts, etc. in their territories to influence a distant Corporate in search of markets or procurement. Thus, the ideology of class-war or dictatorship of proletariat become a structure of violence which are funded by Corporate to facilitate specific international relations.

Espionage is always a tool of war, whether it is real war between two regimes or the class war.  Thus, espionage became the tool of commune of unskilled lobby towards the stealing of information of the other lobby.  Industrial espionage was the most potent tool of France to steal the intellectual assets of research and development and skilled professional of British.  This created a special structure of spy that invaded most of the Corporate, i.e. Arms, Securities, Research and Development, State Institutions, Legislation, Media, Healthcare and others.  This network is used to control the policies and the benefit of French international relations.  The ICMLPO network controls their respective region through AKDN who works as catalyst in the system.  They control the system through agitations, strike, riots, mob-lynching, etc.  Though digital system is controlling every aspects of life, the role of crypto-currency is more threatening due to its block-chain methodology.  Crypto-currency is not a legal tender, its exchange value is a tool of stealing exchange.  The value of single unit of crypto-currency is very high in tune of legal tender.  However, the sustainability of crypto-currency is insignificant without its exchange value.  Crypto-currency can only work in a closed economy.  In that case crypto-currency will certainly be a theft of exchange value.

The main crisis in the industrial relations in the world system is the stealing of Intellectual property. Firstly, the discouragement of the periphery countries in the Research and Development. Secondly, there is a systematic process of brain drain in the core nations. This makes periphery nations on the receiving end and get into the dependency on the technical know-how or the premium of the end product. Even though, the intellectual property has the legacy of the traditional knowledge of the indigenous communities. Patent captivate the intellectual properties that give way towards the counterfeit or piracy. These terminology generally give benefits when there is claim over the property in the legal door. The way the law on infringement is made, it benefits none except for those who use as economy generation. It is a nexus of espionage and lawyers in the making of Industrial Dispute. Intellectual property once come in the market becomes a public consumption.

The way theft of intellectual property creates conflicts, similarly, counterfeit is stealing the market. Counterfeit not unlawful since it facilitates the demand and aspiration of the branded produces which the brands cannot handle due to the limitation of the production capacity. Counterfeit produces is used everywhere since it has a market of people with limited means. Whether it is medicine or clothes and even the currencies.

The major impact of industrial dispute affect the society is an intricate manner.  It changes the dynamism of sociology.   The SDR, i.e. the basket of currencies and its exchange value further created the feudalism of currency and a tool of compromised trade relations.  The trade relations are more on barter or comparative trade.  This further curtail the currency flow or exchange value.  This resulted other mechanism of collection of currency from the society through crime syndicates.  The most potent crime syndicate is begging mafia where children are abducted and trafficked as the workforce.  Further these children when they get adolescent are used for crimes since they get the benefit of juvenile.  Women are also abused since they are used as perk to facilitate as bribe since there is flow of currency or cash.  To put women in the sex racket are abused at home, society and workplace.  Men are also used as pimps.  This destroy the human skills and turn the society as paranoid. 

The process of creation of Law plays a significant role in the Industrial disputes. The present legal system is based of Law of Contract. The perception of Law is contract between individuals, trade, political, Institutional and communities, etc. The codification of law ignore the tort behaviour of the society and tort such as bully is not a contract, but an instinct. Though the contractual disputes or offences are dealt with the Lawyers that are based on evidence. The creations of evidence by the defence or the prosecution creates further disputes. This creates delay in the justice delivery or implementation of order. The parallel construction is a process of criminal justice system where judge become part of the investigation and the process of defence is included in the process of investigation. This save time and the overhead expenses of the criminal justice system. The coercion of Law become when the Law is created with the vested interest, instead of the sociology of Law. The Lawyers, which is an autonomous body control by the practicing lawyers, whether it is judiciary, parliament or constitutional head. This makes the professional lawyers bias and create law to benefit their occupation. More dispute leads to more litigation process and the jobs are created for the Legal professional at the cost of the masses and peaceful existence.