INDUSTRIAL DISPUTES - A CRITICAL ANALYSIS

Industrial Dispute – A critical analysis

by

Sharmila Bose

Independent Researcher in Political Science

M.A. in Political Science, History and Human Rights

  

Abstract

Industrial disputes are seen as dispute between Industrial relations, i.e. employer and employees. However, there are many factors that influence Industrial Dispute such as claim on resources, intellectual properties, market and others. The international trade relations, which is based on dependency theory creates parallel economy not just the industrial relations but also effect the social dynamism. This thesis will critically evaluate the concept of industrial dispute within perspective the Marxist Political theory. Marxist claim that dictatorship of proletariat will be the best interest of the working class. Other factor, i.e. how the international monetary policies creates the situation of the industrial disputes by compromising national monetary and fiscal policies. This will also explain that weaken monetary policies are creating a gap that filled by the financial, political and legal syndicates that controls the state institutions and policies. The social impact of industrial dispute and sociology of Law is real issue of this thesis with critical analysis evaluating Marxist theory and world system.

CONTENTS

Introduction: The Parameter of Industrial Dispute

Chapter 1       Polity of Industrial Dispute

1.1              Origin of Industrial Dispute

1.2       The Rights of Slaves

1.3       Emergence of Trade Union

1.4       Formation of Political Parties and Government

Chapter 2       Monetary System and Industrial Dispute

2.1       Central Banking System and Fiscal policy

            2.2       The relevance of Currency

            2.3       Share, Stock and Industrial Dispute

            2.4       Global impact on Trade union

Chapter 3       Industrial Dispute – a criminology perspective

            3.1       The dictatorship of Proletariat

            3.2       Espionage - an intrusion

            3.3       Patent and Intellectual property

            3.4       Piracy and Counterfeit

Chapter 4.  The Sociology of Industrial Dispute

            4.1       Ancient Trading System

            4.2       The sociology of Law

Synopsis

Conclusion & Recommendation

Introduction:  The Parameter of Industrial Dispute

The parameter of the study of the Industrial dispute is limited to the employee’s welfare.  Conventionally, Industrial Dispute has been seen as a relation between employers and employees.  Thus, the Industrial Dispute Act, 1947 has a limited approach of study, i.e. a paradigm of workforce. The inadequacies or the limitations in the study block the real issues of other factors of Industrial Disputes, i.e., factors that complement the crisis between the employee and employers’ relations.

The basic limitation of the Industrial Dispute Act, 1947 is to regulate the Labour Laws, which is only meant for the organised Sector.  The main and ultimate objective of this act is "Maintenance of Peaceful work culture in the Industry in India" which is clearly provided under the Statement of Objects & Reasons of the statute.[1]  In the era of State control, the majority of Industrial policy were of large scale sector.  That could be the perspective of the Industrial Work relation to protect the interest of the workers.

The theory of Industrial Dispute arise from Class War.  In 1848, revolutionary socialists Karl Marx and Friedrich Engels famously wrote that "the history of all hitherto existing society is the history of class struggle.[2]  Though the theory of Class War sprouted through the Economy sector after the Industrial revolution that has become the perspective of Political Science. Based on their observations of the effects of the Industrial Revolution on British workers, Marx and Engels theorized that capitalism inevitably created conflict between laborers and capitalists.[3]  Though the State-Society relations based on macro-micro theory[4] do classify the two classes of Authority and Community and also man and women in a broader perspective based on political science.

Marx theory of Class War, i.e. conflict between two mode of production of Skill and Enterprising, which is interdependent and indispensable to each-other, got into the trap of dispute or conflict according to the European Intellectuals and Academicians.  This has made a limited or narrow approach to handle the aspiration and competence of the people within the ambit of Political Science.

The limitation of the Industrial Dispute Act is the evidence that it is only meant for the organised sector. However, what about those economy that is under alternate management? The alternate management run the parallel system controlling the workforce and using them to create a dispute and unsettling the peace of the organised work culture as lobby war.

Contractual labours in unorganised sectors is the issue that does not come under the Industrial Dispute Act.  As per the Economic Survey 2007-08, 93% of India's workforce include   the self-employed and employed in unorganized sector.[5] In terms of Occupation, small and marginal farmers, landless agricultural laborers, share croppers,  fishermen, those engaged in animal husbandry, beedi rolling, labelling and packing, building and construction workers, leather workers, weavers, artisans, salt workers, workers in brick kilns and stone quarries, workers in saw mills, oil mills etc. come under this category.[6]  This unorganised sector captures majority of population, where men, women and children are engaged.  This large section of people do not get the consideration of the Labour Union or any Act that protect their interest.

Another factor of concern of the Industrial Dispute is that the parameter of the Labour Laws does not consider ‘Informal Economy’, i.e. grey economy, which is beyond the ambit of Tax and monitoring.  These informal economy has grown up as Syndicate that flourishes from National to the transnational regime that has over-crossed the sovereign laws of the countries. As the International Labour Organization defined the informal sector in 2002, the informal sector does not include the criminal economy. While production or employment arrangements in the informal economy may not be strictly legal, the sector produces and distributes legal goods and services.[7]  The monetary policy whether it is fiscal or the central bank only support the organised sector.  Whereas, the informal sector are get into the alternate management or parallel system.

Another factor that influences Organised Crime, through illicit movement/migrants due to Industrial Dispute theory.  The workforce that are trafficked through the local, national and international channel build a huge economy to itself while facilitating the Industrial needs in organised and unorganised / informal sector.  Employment Minister Eric Abetz says organised crime is taking advantage of weak policing of industrial disputes and the courts are taking too long to punish rogue unions.[8] The labour engaged in the Organised Crime whether it is inter-state or intra-state or transnational, are forced, manipulated and captivated labours.  This workforce neither get into the parameter of Governance or the Law that protect their interest.  The fatal end is the only solution to these forced labours.

Another factor that is critical in understanding Women and Child labours which do not get the benefits of the Labour Laws in India.  The National Commission for Women states that 94 percent of working women in India are in the unorganised sector – including in manual scavenging, where they are often paid with a meal rather than daily wages. Even in the relatively formalised export industry, very often, women employees are terminated from contract just before they complete five years so that the employers don’t have to pay them a gratuity.[9]  In the absence of the conducive approach of the Labour Laws, the women and children are further exploited in tune of sex slavery or petty crimes.  Another consideration for women at home does not have any concrete protection from the exploitation, whether it is in marriage or as domestic support.  The only legal beneficiary is domestic violence that leads to the broken homes and displacement.

In tune of above issues, when it comes to Labour, Industrial Disputes are not limited to Labour.  The other factors of the Industrial Development, such as resources, technology, land, market, exchange value and most importantly, political supremacy.  Industries are set on land, labour, technology and investments.  These factors have the varied control by the other factor that has political by intention and feudal in character. 

Since Government controls the Economy, by way of taxation, foreign trade, labour laws, Land and licensing, hence, more of the policies become political of those who are in power.  Thus, this makes Labour become Political Capital and others become their captivation of resources.  Corruption becomes evident in this since the policies and implementation take a shape of Lobby War.

Further, how the International Politics based on ideology of Communism and Liberation had changed the total socio-economic scenario that affect the Industries, i.e. from the State-control to liberal economy and then to Globalisation.  The requirement of labour by the First World Economy and the limitation of the protection for the labours has changed the social dynamism.  This has made the industries a hand tool of the labour syndicate which become the political capital of the respective political parties.

Finally, how the Syndicate of Share broking, Trade Unions, Non-Government Organisations play a significant role in the Industries in making and breaking by creating a dispute.  This is created towards the change in management, which is not considered that influences Industrial Disputes.  This need a critical analysis. 

There are many perspective in analysing Industrial Dispute, by way of Human Resources Development, International Relations, Feudalism, Taxation, World Order and Criminology.

Chapter 1:  Polity and Industrial Dispute

1.1     Origin of Industrial Dispute / Strikes

The evolution of society based on the theory of wages have it perspective in the defining of Industrial disputes.  The scarcity of labour compelled the landowners to buy labour from the contractors and kept them in a fortified condition through coercion to work for their farms.  However, the overheads such as security, food and shelter to the workers became expensive in a longer run.  Thus, a particular wages were given to the labours to reduce the overheads and liabilities of the workers.  Economists have attempted to model the circumstances under which slavery (and variants such as serfdom) appear and disappear. One observation is that slavery becomes more desirable for landowners where land is abundant but labour is scarce, such that rent is depressed and paid workers can demand high wages. If the opposite holds true, then it becomes more costly for landowners to have guards for the slaves than to employ paid workers who can only demand low wages because of the amount of competition. Thus, first slavery and then serfdom gradually decreased in Europe as the population grew but were reintroduced in the Americas and in Russia as large areas of new land with few people became available.[10] Growing population in human settlement and migrations was the norms.  Migration in any form such as by choice or by coercion, where the cause of human settlement in various region for both, the enterprises and the labours.

To understand the Industrial relation and its breach of Trust that led to the dispute among the work relations can be seen in two aspects, i.e. a liberal economy and in a feudal society.  Technically, Industrial Dispute has always been viewed only as labour issue, i.e. their rights and welfare.  Thus, the labour were treated as slaves or unfree labours in the feudal society where wages were expensive.  Slavery came into existence where less population to work in the large areas due to lack of economy generation.  This became the perspective to study Labour issues in the academic discourse where labours were seen as slaves or unfree labour.

Through the grown up times, the definition of slavery has also changed.  Less available skilled people have also been coercive, towards the discouraging of demands for welfare measures.  The history of forced labor in the United States encompasses to all forms of unfree labor which have occurred within the present day borders of the United States through modern times. "Unfree labor" is a generic or collective term for those work relations, in which people are employed against their will by the threat of destitution, detention, violence (including death), lawful compulsion, or other extreme hardship to themselves or to members of their families.[11]  The captivation of the workforce or labours were tactical.  Most of the time it was the debt slavery that could hold the working labour by the money lenders and were further leased to the capitalists.  The fabric of the money lenders were the network of the capitalist to make the debt bondage for the involuntary servitude.

Though the slavery and involuntary servitude were made illegal through the thirteenth amendment in the US Constitution, but it was not termed as crime. However, unfree labor still existed legally in the form of the peonage system, especially in the New Mexico territories, debt bondage, penal labor and convict leasing, and debt bondage such as the truck system, as well as many illegal forms of unfree labor, particularly sexual slavery.[12] The characteristic of involuntary servitude were of different paradigm to benefit the interest groups.

Forms of unfree labours that has been existed since the formation of the Nation in United States of America.

Ø  

Chattel Slavery[13]  :  Chattel slavery was a socially accepted system, in which people are treated as property by the owner and bought or sold  as commodities.  Under this system, the children inherited the status of slaves via mother.  The scarcity theory is not limited to the abundant lands, but also the demand due to the market pressure in the present context.  Chattel system still exists in the brothels and red-light areas.

Ø  Peonage system: Peon usually refers to a person subject to peonage: any form of unfree labour or wage labor in which a laborer (peon) has little control over employment conditions.[14] Though Peonage was a form of involuntary servitude, but they were not part of the Chattel system. They were freedmen, but due to absence of any survival means, they became tenant labour, where they would exchange labour with the landowners in with the share of the crops. Subsequently they were trapped into the debt due to the exploitation tendencies of the landowners and were deprived them with their liberty and remain into slavery.

In Indian contexts, peon were related to the Dalit (Shudra) communities that remained in various service classes to the privileged groups in the societies. However, their status was different from the African-American since these African-American were migrant-labours, whereas, Indian Dalits (Shudra) were the indigenous communities and the Privileged groups were mainly migrant.

Ø  Debt bondage:  Debt bondage, also known as debt slavery or bonded labour, is the pledge of a person's services as security for the repayment for a debt or other obligation, where the terms of the repayment are not clearly or reasonably stated, and the person who is holding the debt and thus has some control over the laborer. Freedom is assumed on debt repayment.[15]  Debt bondage is an environment and/or consequences of the environment that force people to get into this involuntary servitude. These environments are generally created to get the bonded labour.  This is not just limited to the unfree culture of labours, but also duly institutionalised.  Almost, every sovereign country is into the debt trapped of the world financial institutions and people are natural debt slaves.

Ø  Penal Labour[16]: Penal labour are a form of involuntary servitude, which is a part of punishment to the convicts. These convicts could be for War, Political prisoners, Religious persecution or war prisoners. The penal labour work depends upon the context of imprisonment, which could be from the light manual labour to the hazardous environment, which are involuntary servitude. Penal Labour are more a secured labours for the prisons.

Ø  Convict leasing[17] :  Convict leasing is another form of Penal Labour, where the convicts are leased to private parties such as mining labours, plantations, etc. against the basic needs such as housing, feeding and clothing.  These are involuntary servitude in the hands of prison management to lease out convicts to the private owners.  This secured labour is still a large economy where the convicts are created to facilitate a large market for unfree labour.

Ø  Truck System[18] :  In truck system, wages are not paid through the cash money, but in kind such as chits, vouchers, credits instead of wages.  This system compromises the rights of wages and the ability to spend by the labours.  They are stuck within the prescribed formats and become a part of closed economy.  Thus, it makes them unfree labour or involuntary servitude.  Truck system is still used as marketing strategy to sell the products against the wages such as in the consumable corporate and hospitality sectors, etc.

Though slavery was turned into wage labour, but there are other ways of enslaving people.  The abolishing slavery through the constitutional amendment in the United States did not provide a platform that could protect the interest of the Freedmen.  In 1910, the US Congress passed the White Slave Traffic Act of 1910 (better known as the Mann Act), which made it a felony to transport women across state borders for the purpose of "prostitution or debauchery, or for any other immoral purpose". Its primary stated intent was to address prostitution, immorality, and human trafficking particularly where it was trafficking for the purposes of prostitution, but the ambiguity of "immoral purpose" effectively criminalized interracial marriage and banned single women from crossing state borders for morally wrong acts. As more women were being trafficked from foreign countries, the US began passing immigration acts to curtail aliens from entering the country. Several acts such as the Emergency Quota Act of 1921 and Immigration Act of 1924 were passed to prevent emigrants from Europe and Asia from entering the United States. Following the banning of immigrants during the 1920s, human trafficking was not considered a major issue until the 1990s.[19]

These unfree labour were unskilled and their survivals were mere an unaccountable and unplanned.  Looking for the skilled labour in the new enterprises was more a scarcity.  This needed a firm system of wages and working conditions that could attract the people to be more participatory.  Thus, it encouraged labour to learn skill and to get wages for the specific jobs. Gradually, there was a transition from the unfree unskilled labour to the waged skilled labours. Viewed  from  this  distance,  neither  the  wages  nor  the  working conditions,  so  far  as  history  records  them,  appear  either  “ extrava­gant” or “ inviting,” but it is undoubtedly true that wages began in the colonies  at  a higher rate  than was  being paid in  Europe  at  the same time, due to the condition arose chiefly from the scarcity of workers, especially skilled craftsmen.[20]

When there is escalation of scarcity of skilled labour increases, then the demand flow of high wages.  To balance and to control those skilled labour, legislation are imposed.  Throughout  the  colonial  period  this  scarcity  was  a  vital  problem that influenced customs and legislation and resulted in the establish­ment  of  the  elaborate  system  of  securing  workers  by  contract  or “ indenture”  which  became  a  definite  labor  policy  in  Pennsylvania and in the southern colonies and was widely practiced in all of them.[21]  Even in the present time, it is the skilled labour is the most potent cause of the Industrial Dispute in the World System.

1.2    The Rights of Slaves and the manumission[22] in the system.

The theory of Industrial dispute can only be understood through the formation of Nation State in different part of the World.  The societies that were under the influence of the culture of the respective region have given the perspective of the slavery and its manumission in the system. Both slave-owning and slave societies that were part of the major cultural traditions borrowed some of their laws about slavery from the religious texts of their respective civilizations. Principles regarding slavery that proved to be either unprofitable or unworkable were among the first to be discarded. An obvious example is provided by the biblical law that Hebrew slaves were to be manumitted after six years.[23] Hebrew slave (Jews) had a lifespan of unfree servitude for six years, i.e. they gained their freedom after an enslavement of a limited time.  Hebrew slaves were mainly women and part of the sex slavery and the life of a sex worker has a limitation for six years.  Either they develop sexual disease or they get exhausted. Hence, the slavery were meant to enhance the economy of the Hebrew, i.e. Jewish.

Similarly, in the Islamic slave owing societies, the slaves were meant for War or Jihads, since Islamic societies survive on Wars, they are culturally militants.  Thus, their lifespan is limited either they used to die or loses their competence in the work.  Hence they get manumission from the system.  A similar general recommendation that slaves be freed after six years in bondage was adhered to by many Islamic slave-owning societies; it helps to account for the ferocity and frequency of their slave raids, for they had a need for constant replenishment of their slave supplies.[24] Whereas, in the Christian societies, they are skilled people and skilled people have no loss of aptitudes and hence, the manumission does not exist.  It is the skilled and aptitude of the people that make the legislation of the societies and not the morality.  In Christian slave societies, on the other hand, the principle that the tenure of slavery should be limited was almost completely ignored.[25]  It is difficult to enslave the skilled people. Thus, there were migrations from the European societies to the United States and rejected the religious control over them.

Though the various cultural system have evolved through the economy in the respective region, the civilisations that flourished have evolved with their labours and slaves.  For example, in the Mesopotamia civilisation, the slaves were inherited by various regime, whether it was Sumerians, Babylonian and Assyrians.  As agriculture became more advanced, surpluses were generated, freeing farmers to perform other jobs. Over time former farmers could earn enough to specialize in certain tasks and become what would qualify as craftsmen. Workers were often paid with barley. Under the Cod of Hammurabi, maximum prices and minimum wages were fixed by decree and the terms for apprenticeships were defined.[26]  The Sumerians, Babylonian and Assyrians all had slaves. Early slaves were perhaps captives of war. The most famous slaves were the Jews captured under King Nebuchadnezzar. Slaves were bought and sold in the market and branded. They worked in irrigation projects, temples and palaces. In the Babylonian period, enslavement for debt was illegal.[27]  This indicate that the slavery were mainly of the war prisoners.  The debt slavery were dejected in the most ancient times. The Sumerian law code called Code of Ur-Nammu contains laws regarding slaves. This indicates, during Babylonian period slavery was an established institution. The laws for slaves were mentioned in the Code of Hammurabi, which includes death penalty for anyone who helps to escape slaves.[28]  Allowing slaves to escape was crime and death penalty was given for the crime.  Slaves were war prisoners and helping them would have been sedition.

In Islamic Law, the slavery was regulated from the Jihad (holy war) and towards their compensation.  Slavery in Islam was not economy but towards the belief and as the command of the God. . The last Islamic slave law was promulgated in 1936 by King Ibn Saʿūd of Saudi Arabia, which restated the teachings of the Qurʾān. It also required owners to register slaves with the government and licensed slave traders.[29]  Slave trades were engaged in buying and selling migrant workers. These migrants as slaves still exist in the Arab countries and are under the possession of the traders. Thus, the slaves were alien for the specific purpose to enhance the economy for the respective societies. These slave were mainly the foreigners and stranger to the new territories. Slavery were never meant for the indigenous population those flourished through the land holding and wages through skill.

The Jewish controlling the majority of the world economy is because of the sex slavery.  Sex slaves were not on the facilitation to their clients, but they worked as espionage as well.  Further, the extortion and inheritance through falsification were their tool of operation.  Even in the culture of Temple priest king, i.e. banking system and wealth management, the syndicate of espionage are their workforce.  This makes sex-slavery world third largest economy.

In Indian context, slaves never existed.  Dalit/Shudras were not slaves, but the indigenous communities. The elites in India were the migrants.  The social structure of Indian society based on the virtues.  Every strata had relevance in the society.  This includes transgender and prostitutes.  Dignity of labour persisted in Indian social structure.  Thus, slavery was never part of Indian culture.

The legacy of exploitation in India, grew up with British colonisation.  The skilled population from India were transported to the territory controlled by British Empire towards the workforce for its industrial requirement.  Further they also needed population in the large territories they grabbed systematically.  The British Empire grew rapidly in the first half of the century, especially with the expansion of vast territories in Canada, Australia, South Africa and heavily populated India, and in the last two decades of the century in Africa. By the end of the century, the British Empire controlled a fifth of the world's land and one-quarter of the world's population.[30]  British Empire expanding through land-holding and skilled and unskilled labour to flourish its economy.   Hence, it is the entrepreneurs and the Intellectual properties that the generated skilled and unskilled labour either through coercion, manipulation or through wages with suitable working conditions.  Hence, the Industrial Dispute should be viewed through skilled labour and unskilled labours besides other factors, which will be explored in subsequent chapters.

1.3     Emergence of Trade Union, Legislation and Communism

Though the sociology of the societies due to its cultural and environmental affiliation, the varsity of the human resources towards the skilled population was of heavy demand. There were substantial flow of people as a workforce for the respective colonies of the European entrepreneurs as skilled and unskilled workers. Peace is not a consistent in work culture. Hence, slavery even the primitive formation of Nation states, witnessed protests as a mark of the Industrial Dispute.

The conflict between the Master and the slaves, were mostly on the individual basis. The tendency of laziness, lying and dull could be the cause of mistreatment by the masters. However, it was also evident the formation of gangs and murdering the owner was also witnessed. It is certainly that the relations between master and workers were not peaceful. This killing may not be due to rebellions by some serfs as gang, but also could be a tool of change of regime in the feudal societies.  The most dramatic form of slave protest was outright rebellion. Slave uprisings varied enormously in frequency, size, intensity, and duration. Perhaps the calmest of all known slave societies were those of West Africa, where the predominance of women and children caused rebellions to be very few. Slave rebellions in North America were also noticeably few and involved only a handful of participants: the New York revolt of 1712, the Stono rebellion of South Carolina (1739), the Gabriel plot in Richmond, Virginia (1800), the Denmark Vesey conspiracy in Charleston, South Carolina (1822), and Nat Turner’s uprising in Jerusalem, Virginia (1831), are the best known.[31]  The tendency to protest come when the basics are fulfilled and there is a demand for more or a better environment.  The slaves always had a perspective and comparative of life, either as community or as subjects.  This aspiration of better life brought changes in the socio-economic relations.

The Industrial development in Europe changed the demography.  From the serfs to wage labours and from lands to Industries created a great shift in social behaviour of the people in Europe. The origins of trade unions can be traced back to 18th century Britain, where the rapid expansion of industrial society then taking place drew women, children, rural workers and immigrants into the work force in large numbers and in new roles. They encountered a large hostility in their early existence from employers and government groups; at the time, unions and unionists were regularly prosecuted under various restraint of trade and conspiracy statutes. This pool of unskilled and semi-skilled labour spontaneously organized in fits and starts throughout its beginnings, and would later be an important arena for the development of trade unions. Trade unions have sometimes been seen as successors to the guilds of medieval Europe, though the relationship between the two is disputed, as the masters of the guilds employed workers (apprentices and journeymen) who were not allowed to organize.[32]  This socio-economic change not only brought insecurity among the workforce, but also among the ruling class or the feudal class. The peace was disrupted with the intrusion of technology, where they had no control but to rely on the skilled people. Dependency on the skilled people made them uncomfortable and in a compromising position. In such case, the ruling class became the unskilled to the new socio-economic trend.

The dependency on the skill workers by the bourgeoisie class brought skilled workers on upper hand.  The formation of Unions to negotiate the welfare measure and gradually inclination towards power sharing became the motto. Unions in Britain were subject to often severe repression until 1824, but were already widespread in cities such as London. Trade unions were legalised in 1824, when growing numbers of factory workers joined these associations in their efforts to achieve better wages and working conditions. Workplace militancy had also manifested itself as Luddism and had been prominent in struggles such as the 1820 Rising in Scotland, in which 60,000 workers went on a general strike, which was soon crushed. From 1830 on, attempts were made to set up national general unions, most notably Robert Owen's Grand National Consolidated Trades Union in 1834, which attracted a range of socialists from Owenites to revolutionaries. That organisation played a part in the protests after the Tolpuddle Martyrs' case, but soon collapsed. An important development of the trade union movement in Wales was the Merthyr Rising in May 1831 where coal and steel workers employed by the powerful Crawshay family took to the streets of Merthyr Tydfil, calling for reform, protesting against the lowering of their wages and general unemployment. Gradually the protest spread to nearby industrial towns and villages and by the end of May the whole area was in rebellion, and for the first time in the world the red flag of revolution was flown – which has since been adopted internationally by the trades union movement and socialist groups generally.[33]  The Strikes were used as pressure-tactics towards negotiation.  The series of strike in unorganised manners were resulting to collapse since there were factors of buying the leaders to destabilize the strikes.  Further Unions did not have legitimacy to hold strikes.  The legitimacy of Trade Unions became mandatory to bring representation of the workers. Trade unions were finally legalized in 1872, after a Royal Commission on Trade Unions in 1867 agreed that the establishment of the organizations was to the advantage of both employers and employees.  The commission was a balanced approach to address the workers’ issues and the employers as well.  A step to encourage building trust between work-relations influenced unions of others countries.  This period also saw the growth of trade unions in other industrializing countries, especially the United States, Germany and France.[34]

Britain being the English ethnic and skilled people, they governed the Industrial process for entrepreneurs and skilled workers through the administrative process by creating a legislative body under the Parliament.  The members of the Legislative Assembly were not the representation of the provinces, but the identity.  The purpose of the Legislative Assembly was to design Law to protect the business interests of the British Empire, i.e. their colonies.

The members of the Legislative Assembly[35]

The Trade Unions were legalised in England in 1872 since there were significant organised Trade Unions were active.  They were the pressure groups to negotiate the benefits for the workers’ in tune of wages and working condition.  Thus, the expansion and finding new lands and prospective resources were required to sustain the imperialism of  British.  The legislation became a tool of International Relation for the Colonial rulers.  They captured Indian Human Resources and Chinese market and the means of production through the legislation named International Law.  The legitimacy of these International Laws were coercive without consideration of the local laws and their respective economies.  The electoral representation of the British Legislative Assembly in India, where Muslims had major representation than any other cultural communities, such as Sikh, Hindus, Christians and others.  Muslims in India (converted indigenous communities) were more a skilled/Artisan historically.  Further, they were bound by Islamic Law of Jihad (holy War) and they were used as military.  Thus, Britishers used their wages based on the Islamic law for skilled and military services.  Further the representation of Landlord was necessary since they were the suppliers of unskilled labours to do the menial jobs for the English officials.  They were also required for the farming and also trafficked to other foreign locations. The menial job labours were under peonage system. The legislative Assembly for more a governance or Public commission to rule the wage labours.  The generation of wage labour were through many process, either through chattel system, debt bondage, penal labour or lease labour.  Unless, there is a law, how the people in masses could be channeled for the mass production. 

Further, the legislation was not only meant for generating unfree labours, but also tracking the crucial lands and port for the empirical economy.  Ports were crucial for the trading, thus,  ports of Bombay, Calcutta, Gujarat, etc., where the domain of British Empire through East India Company.  Britishers being the skilled people, they have pioneered in every aspect to protect their hegemony.  Other European Nations, such as, France and Germany followed with their own manipulation and trapped the rest of the resources being left out by British.  British were quite ahead than other European countries due to their Intellectual properties in the field of technology and trading.

The theory of minimum wages means that the person or the fabric of workers will be paid a minimum remuneration.  The minimum wage to fulfill his need and his family of wife and children.  This made a man a bread earner of the family.  Minimum wage is quite simply, the lowest remuneration that an employer may pay to their workers, as regulated by the law. The history of legislation around minimum wages takes us back to New Zealand in 1894, where the first national minimum wage laws were enacted. This was the Industrial Conciliation and Arbitration Act. It introduced compulsory arbitration with trade unions for the negotiation of wages. In 1907, the Harvester decision was handed down in Australia. It established a ‘living wage’ for a man, his wife and two children to “live in frugal comfort”.[36]  Women were part of the economy of the family business or traditional economy, whether it is small or a substantial.  However, the Industrialisation and minimum wages theory barred women to be part of the economic process.  The minimum wages for men made women a domestic servitude and confined to the domestic cores of work.  This blocked their skills limited and/or remained unskilled thereafter.  This further facilitated the ‘chattel system’ of involuntary servitude.  Though every region in the world where the polity exited has its own sustainable economy.

The minimum wage theory had deserted a larger portion of population of women and children, were gaining skill through traditional work and surviving through sustainable economy. This was mainly through rural economy. Thus, British took its own share of the work to sustain their hegemony and they were not universal approach to the World system. The approach to legislate is partisan and world system is based on inclusive and universal.

The right to strike became legitimate after being Trade Unions became legal. Thus, it was important to create a Tribunal to redress the grievances through arbitration of both the parties. The Industrial Conciliation and Arbitration (IC&A) Act made New Zealand the first country in the world to outlaw strikes and introduce compulsory arbitration.  Following the failure of the trans-Tasman Maritime Strike of 1890, some major employers refused to recognise unions, blacklisted their members and slashed wages and conditions. The Liberal government that took office in 1891 was determined to find an alternative to industrial conflict, and to foster the union movement, which it saw as a key political ally.[37]  Though there were resistances, but the ways were explored to settle the disputes through power sharing as political ally.

The Trade Unions who became the hoarders of the wage labours became the feudal of the labour and became a major negotiating tool amongst the imperialistic powers. They became an office bearer that was a negotiating point to which it was compromising the Wage Labours’ interest. The growth of U.S. imperialism was the basis for the development of the labor aristocracy and this whole bureaucracy of labor misleaders. Their survival depends on U.S. imperialism’s continued growth and expansion. On the domestic front, these trade unionists may preach varied reformist programs and measures but on the international front they are rabid supporters of all-out imperialist aggression. Even when the broadest masses of American people stood opposed to the Vietnam War, George Meany threw the AFL-CIO’s support behind continued escalation. Meany has led the AFL-CIO in a frenzy of buying Israeli war bonds to support Zionist expansion in the Middle East. And today, as the crisis throws greater numbers of workers into destitution, Meany has turned the blame against the nations and peoples of the third world and not the U.S. imperialists. The AFL-CIO has become the biggest backer of U.S. imperialism in its world-wide battle for hegemony against its chief rival imperialist power, the Soviet Union.[38]  The Labour aristocracy or feudal were controlling the workforce for the domestic purposes and imperialistic agenda. The US used these workforce feudal to place them in military to die for the greed of imperialism and aggression policy.

Though, the Trade Union served the Wage Labour, i.e. skilled labour, there was a huge population that were engaged in unskilled labour or into involuntary servitude.  This gave birth to the ideology of Communism that addressed the interest of ‘haves-not’.  Thus, ‘haves-not’ were identically unskilled labour or semi-skilled labour. The early trade unions were forged in the fight against wage slavery, but the capitalist class has succeeded for the present in turning the union movement into a reserve to defend that very system of exploitation.  The capitalists have consolidated, in the union leadership, a stratum of labor lieutenants who serve as the political detachment of the imperialists in the working class.[39] The theory of class war basically is about skill wages and unskilled slavery.  Skilled labour were protected due to their utility, whereas, unskilled had no forum or platform for their social security. 

Communism, the community of 'have-not' did not have any source of earning due to lack of skills. Thus, they secured their survivals through War, i.e. class-war. The undercover strategy of forced labour for property captivation, killing, crime-activities, rioting and looting, espionage-sex slavery and others to justify exploitation. Most of the time they work as a stooge of imperialistic agenda towards imperialistic dispute and others. Hence, communism become a cabal to facilitate the liberal economy. Communism become a syndicate to hoard the people towards the involuntary servitude that are unskilled or semi-skilled in the name of ideology. Communism functions under 'chattel system'.

1.4    Formation of Political Parties and Government

The legalisation of Trade Union has given a potency for the purpose and the recognition of the welfare of the Skilled Worker in the Industrial Relations.  Trade Union were always being struggling for negotiation with the Imperialistic power.  For nearly one hundred and fifty years the workers of Britain have struggled to build Trade Unions. Long before there was a political party of the workers there were Trade Unions. Their history is an amazing record of valiant workers who fought the laws which prohibited the existence of the Unions, who dared imprisonment, deportation, victimisation and persecution in order that their Unions could become strong and powerful. One generation succeeded another in continuous effort, in great strikes, massive demonstrations, political struggles, until to-day millions of workers are organised in Trade Unions. The working class in society holds a special position. It has no property. It is a propertyless class—dependent upon the class which owns property—the land, the factories, mills, mines, railways, transport. But the land cannot give forth its fullness unless workers plough and sow and reap. The earth cannot deliver its mineral wealth unless workers dig it. Factories, mills, mines, railways, etc., cannot work unless workers are employed to make them serve their purpose in the transformation of nature’s wealth into social wealth. It is this fact which compels the owners of the means of producing wealth to employ labour. They need that labour or their ownership ceases to be of value. That is why the withdrawal of labour by the workers can be so powerful a weapon when used on a large scale.[40]  This struggle did not yield much of result since the pressure tactics were mere tool, but for the action, it had to go through the process of legislation and implementation.  Thus, it became necessary to be the part of Political representation in the form of Political Party or ally of the political party.

Realising the indispensability of the workers’ strength, it was important to have political representation towards policy making process that could be in the direct interest of the working class.  After the Derby Government Reform Act, 1867 followed by Representation of People Act, 1884 and Redistribution of Seat Act, 1885, it paved way for the equal opportunity to the equal populated constituencies.  Being the part of the government and policy making process would benefit directly to the Workers forum than negotiation through strikes and shutdowns. The Labour Party originated in the late 19th century, meeting the demand for a new political party to represent the interests and needs of the urban working class, a demographic which had increased in number, and many of whom only gained suffrage with the passage of the Representation of the People Act 1884. Some members of the trade union movement became interested in moving into the political field, and after further extensions of the voting franchise in 1867 and 1885, the Liberal Party endorsed some trade-union sponsored candidates.[41]  Early in the 20th century, New Zealand was involved in world affairs, fighting in the First and Second World Wars and suffering through the Great Depression. The depression led to the election of the First Labour Government and the establishment of a comprehensive welfare state and a protectionist economy.[42] Thus, Labour Party was the representation of the working class through the Trade Unions.  This did not include unskilled labours and created a community of neglected masses termed as ‘have-not’.  This gave birth to the Communism.

Working class was not Communism, since working class remained ‘have’ of skills, intellectual, technocrats, artisan, research and development, etc., were their assets to which the Property owners were dependent.  Whereas, there were a large section of the society such as unskilled population, i.e. men, women and children who were dependent on these working class for their survival means and became their supportive system.  While Working Class was struggling to gain the political protection towards their welfare, the emergence of Communism gradually took a platform to organise the unskilled workers.  Communism became a forum in the name of class-struggle or have-not or neglected section of the societies.   Thus, the legislative assembly in the European countries subsequently had a representation of working class which was partisan in their perspective.  This has made legislative a group of partisans towards their respective lobby interest.  Though the Labour Parties sprouted from the grass-root, but it was a design to use Labour Force through political activism toward the coalition or alliance.  The party remained out of power until 1940, when Labour ministers joined a wartime coalition government under Winston Churchill.[43]  When the Political Parties join hands together, then the workers become mere political capital instead of interest group.  Union became thin and remained as collaborators or coordinators.

The emergence of the Communism and its political affiliation had been taken over historically by the Religion, the Judaism, Islam and Christianity. The religion had an affiliation to their local culture and respective economy.  Religion is a larger fabric that knitted population universally in the name of God. Religion played significant value in action where exploitation in any form was ‘sin’.  According to Perry Anderson, the main theoretical foundation of Euro-communism was Antonio Gramsci's writing about Marxist theory which questioned the sectarianism of the left and encouraged communist parties to develop social alliances to win hegemonic support for social reforms. Early inspirations can also be found in Austro-Marxism and its seeking of a third democratic way to socialism.[44]  Challenging the hegemony of the Religious control over people or say Church dominance due to faith in God was an ideology instead of coercion or violence of power by few. Gramsci is best known for his theory of cultural hegemony, which describes how the state and ruling capitalist class – the bourgeoisie – use cultural institutions to maintain power in capitalist societies. The bourgeoisie, in Gramsci's view, develops a hegemonic culture using ideology rather than violence, economic force, or coercion. Hegemonic culture propagates its own values and norms so that they become the "common sense" values of all and thus maintain the status quo. Hegemonic power is therefore used to maintain consent to the capitalist order, rather than coercive power using force to maintain order. This cultural hegemony is produced and reproduced by the dominant class through the institutions that form the superstructure.[45] The hegemony of the capitalist remains since it is the entrepreneurship that bear the expenses of the society.  Whereas, the people work to be part of the channel of flow of money as survival mean or purchasing power.

Communism are anti-religion because they treat religion as their competitor since they are the hoarders of people who are neglected and have-not, according to them.  Communism is anti-liberal because communism is another form of Unfree or slavery and feudal in character.  Thus, communism took over the Euroasia in the wake of Industrialisation to challenge the Religion and the existing Monarchy.  Communism remained anti-state as State is the collective consensus of the people of the region and universal in character. 

Being “have-not” is no ethnic or class, but it is an individual status.  Hence, in communism the “have-not” can become ‘have’ in due course of time or in different generations.  Since, Communism functions under ‘chattel system’, so the children of the members of the Communism also become their member and follow their ideology and work culture.

The difference between Leninism and Marxism, though both said dictatorship of Proletariat while Marxism says class struggle, and Lenin advocacy for industrialisation from private ownership to the commune ownership.  Lenin communism was dethroning imperialism and the ownership of land and the resources to be in the hand of proletariat.  This was a form of Statehood, because State is a collective consensus.  Whereas, Communism was a dictatorship.  The question is whose dictatorship to be allowed?  Thus, this conflict between State and Communism, State is collective consensus and rule of people, whereas, Communism became rule of ‘idea’.  It became another form of Imperialism, where the commune remained the slave/subject or involuntary servitude of the region.  In communism, Law are imposed, whereas in Statehood, Law are generated through the process of consensus.  A uniform naming scheme for communist parties was adopted by the Communist International. All parties were required to use the name 'Communist Party of (name of the country)',[46]  this has made Communism a larger regime beyond the ambit to the sovereignty of country.

Further, the economy of Communism, is more an imposed economy than the cultural or indigenous economy of the specific region.  The disintegration of Ottoman Empire and the formation of USSR has destroyed the special Turkish heritage of the region and imposed the European Industrialisation.  Due to this the effective countries lost their sovereign and became a part of coercive economy. For much of the 20^th Century, the Soviet Union rivalled the United States in political, military and economic strength. While the central command economy of the Soviet Union was diametrically opposed to the market liberalism of Western nations, the rapid economic development that the Soviets posted in the middle decades of the century made their system appear to be a viable economic alternative. But after growth tapered off and various reforms were instituted to revive the stagnating economy, the Soviet Union eventually collapsed, along with its promise of an alternative to Western capitalism. Where centralized economic planning helped spur its mid-century growth, the Soviet Union's piecemeal reforms to decentralize economic power ultimately undermined its economy.[47] The conspiracy behind the Rothschild Wealth management is that the investments of the elites were made towards the mass production through cheap labour or minimum wages.  Communism was the best methodology to attain the least wages labour through Truck system or Chattel System towards the maximum profitability under the dictatorship of Proletariat.

After the disintegration of Ottoman empire post-World War-I under the leadership of Russia, new Union was formed, i.e. USSR. This was made by integrating many small countries in the region through the ideology of communism under the flag ship of Russian Government of USSR. This has made Russia a hoarder of the eastern Europe population. Russia of the World War 2 era was governed by the Soviet Union, or specifically, the Russian Soviet Federative Socialist Republic which was the head of the Soviet Union. The new Russian government came to power after the February Revolution of 1917 that overthrew Tsar Nicholas II of Imperialist Russia and the October Revolution of 1917 that placed Vladimir Lenin in power, and the Soviet Union was formed in Dec 1922. Through various industrial and economic reforms, Russia rose to the status of a power. Joseph Stalin, Russia's leader since the late 1920s, kept the Russian political scene relatively stable and kept himself in power by deploying brutal tactics to purge his political enemies. In the 1930s, Western European nations began to build a distrust of the expansionist communist ideology, which included both the Anglo-French alliance as well as German, two sides which would eventually fight against each other in the upcoming European War. A preliminary showdown took place in Spain during the Spanish Civil War, where Germany and Russia each supported opposing sides in the conflict and used the Spanish Civil War as testing grounds for new weapons and new tactics. Surprising the world, Russia and Germany signed the Molotov-Ribbentrop Pact on 24 Aug 1939, which included a secret clause that divided Eastern Europe between Russia and Germany; the clause was activated at the start of the European War as Germany invaded Poland, bringing Russia into WW2 on 17 Sep 1939 on the side of Germany.[48] The World War-2 unsettled the population in the region and their surrendering post-war was natural to revive from the ruins.  Thus, the formation of USSR, where the eastern-Europe under the federation of Russia became the Industrial labour and lost the cultural economy.  After the war, Russia, as the head of the Soviet Union, emerged as a world power. The countries Russia liberated from Germany became puppet states answering to Moscow, including East Germany. The new found superpower status did not come without a price, however, for Russia suffered the highest number of deaths as a direct result of World War 2 among all nations involved. For decades to come, Russia was to lead the communist countries in the Cold War against United States and her allies.[49] After enslaving the people of USSR as Communist countries for almost seven decades, i.e. post-WW-1 until the end of Cold War, there were three generations that gave cheap labour to benefit the European Industrialist. The support was given by way of Research and Development, skilled and unskilled labour along with the economy of crime under the ideology of the dictatorship of proletariat. There was no 'dictatorship of proletariat', but the coercion of Russia in the rest of eastern-Europe and enslaving for its own benefit. Russia got the share of the Industrial Development and major market of the Arms Procurement in India and other countries of the World.

Thus, under the legitimacy of the Academic Theory under the tag of ideology, the unskilled workers, women and children became the unfree labour. They lived a life of domestic servitude and minimal labour and used for illicit or parallel economy. Labour Party became dejure whereas, Communist Parties remained defacto.

Chapter 2: Monetary System and Industrial Dispute

2.1.    Central Banking system and Fiscal System

Currency and monetary policy has significant relevance in analysing Industrial Disputes.  Currency or money play a significant role in governance and create a dominance in the region.  That is why historically, every change of regime has change in currency and its distribution system. Money always flow from top to bottom, i.e. government to the people through its channel.  Money creates employments. 

During the process of Industrialization, war became significant in the Europe towards its expansion policy. The modern central bank has had a long evolution, dating back to the establishment of the Bank of Sweden in 1668. In the process, central banks have become varied in authority, autonomy, functions, and instruments of action.[50] Though modern central bank created its own space of autonomy in due process of time, but its legitimacy is under the control of the government.  The government could be monarchy or democratic or any other form.  The formation of Central Government was meant to generate workforce by way of credit.  The generation of currency/cash was on the utility of the human resources or labour.  Most of the workforce were for the military that was an involuntarily servitude because it was meant to kill or die business.  Human society are peaceful and interdependent by character and that is why civility existed historically.  War remained a major source of income while in the process of Industrialisation.

Gold remain the standard of currency when there was no legitimate boundaries and war was the mode of collection through loots of bullion.  The loots of bullion where the encouraging points for the warrior to wage war for the imperialistic power.  Even the Jews were being the traders of bullion and collection of bullion made them wealthy through the sex slavery.  Bullion refers to physical gold and silver of high purity that is often kept in the form of bars, ingots, or coins. Bullion can sometimes be considered legal tender, and is often held as reserves by central banks or held by institutional investors.[51]  Even in the modern system, Gold became the collateral security of any country and thus, remained the wealth of the country. A gold standard is a monetary system in which the standard economic unit of account is based on a fixed quantity of gold. The gold standard was widely used in the 19th and early part of the 20th century. Most nations abandoned the gold standard as the basis of their monetary systems at some point in the 20th century, although many still hold substantial gold reserves.[52] Thus, Gold remains the standard of valuing the currency in the world system while currency has taken over in many form.

2.1.1    Monetary Policy and Fiscal Policy

The legitimacy of the Central Banking and its currency gets from the Government of any country. However, the Central Bank or Reserve Bank are autonomous in their function and the networking of commercial banks. Thus, its governance is different from the Government in Power towards making policies of the country. There are two forms of economic governance, one is Fiscal, that is managed through Tax collection and the spending expenses. This is done by the government and secondly the monetary process, i.e. credit system, which is managed by the interest System, i.e. through Credit and by Deposit.  Monetary policy and fiscal policy refer to the two most widely recognized tools used to influence a nation's economic activity. Monetary policy is primarily concerned with the management of interest rates and the total supply of money in circulation and is generally carried out by central banks. Fiscal policy is a collective term for the taxing and spending actions of governments. In the United States, the national fiscal policy is determined by the executive and legislative branches of the government.[53] Thus, banking system and fiscal system have two different operators.

In Monetary Policy through Central Bank, Money is more than banknotes and coins. If you have a bank account, you can use what’s in it to buy things, typically with a debit card. Because you can buy things with your bank account, we think of this as money even though it’s not cash. Therefore, if you borrow £100 from the bank, and it credits your account with the amount, ‘new money’ has been created. It didn’t exist until it was credited to your account. This also means as you pay off the loan, the electronic money your bank created is “deleted” – it no longer exists. You haven’t got richer or poorer. You might have less money in your bank account but your debts have gone down too.  So essentially, banks create money, not wealth.  Banks create around 80% of money in the economy as electronic deposits in this way. In comparison, banknotes and coins only make up three percent. Finally, most banks have accounts with us at the Bank of England, allowing them to transfer money back and forth. This is called electronic central bank money, or reserves.[54] This indicate money is only a digital figure that Bank puts and deletes according to the usage in its Leger by the approval of the Central Banks.  There is no material wealth in this.  This digital figure gets its legitimacy due to the Government otherwise, these digits are merely collections of coins of any play-station or game apps. 

Whereas, Tax is the collection of money to meet the Governance expenses that facilitates policy towards the welfare of the people.  ‘Tax’ is parallel to the ‘interest’ of the banking system.  Tax is taken by the Government on the income and the expenditure, whereas, interest is taken on the credit by the Bank.  Tax is taken on the production, i.e. realistic, whereas, interest is taken on the digital numbers that create wealth. 

2.1.2.   Banking System and Debt bondage

The difference between Tax and Interest are, when a person pays tax becomes a citizen since it shares its income towards the Governance expenditure. Whereas, when a person pays interest against the Credit, it becomes debtor. Debtor remains in bondage until the time it clears the account of credit with the bank. Failing to pay, one becomes bondage. The tax collected is used towards the welfare measure that generates employment-ability and further gives social security to the people. Whereas, the credit system, engage people and make them compulsive worker to attain the freedom. In tax system, one earns from skills, whereas, in credit system, one mortgage its wealth, skill and/or liberty.

There is a nexus between the banking system and the government, which is the major cause of Industrial Dispute. In a democratic process, the people are mere a political capital in the present context. The fiscal policy of the Government should encourage the entrepreneur skills that can generate employment. There are markets, financial assistance, trained skilled workers available that can be obtained through policies to handle the Human Resources of the country.

The network of the commercial banks under the patronage of Central Bank that create money by inducing credit in the ledger gets the flow of money into the system. Trafficking and Brain-drain is an outcome of the mismanagement of the credit by the Central and/or foreign banks. The credit to foreign banks or foreign lender could lead to the external debt. Thus, the population gets into bondage and uses them through the channel as the recovery of the debt.  Government debt, also known as public interest, public debt, national debt and sovereign debt, contrasts to the annual government budget deficit, which is a flow variable that equals the difference between government receipts and spending in a single year. The debt is a stock variable, measured at a specific point in time, and it is the accumulation of all prior deficits. Government debt can be categorized as internal debt (owed to lenders within the country) and external debt (owed to foreign lenders).[55]  Whereas, the Central Banks have private shareholders, which is against the interest of the monetary policies since such monetary policies will be partisan and conflict of interest.

2.1.3    Poverty and Banking System

When banks create money through loans and deposits, then what makes majority of the population in the developing and underdeveloped countries are poverty stricken? Why there is North and South divide in the World system.

Though Banks create money, but it does not create employment opportunity. It mortgage the people through credit system and this credit system compel the people strive to work so that they could have clear their debt. Thus, credit system is more a 'compulsion' and not an 'opportunity'.

2.1.4    Fiscal system and employability

In fiscal system, Government takes tax from the people from the income through their employment ability, the entrepreneur skills and/or purchasing power. However, it is the prerogative of the Government to create an environment or policy to create employments that can use the skill and its development.

Enterprising mostly lies in the social dynamism, but due to lack of knowledge and incompetent governance, enterprising are mostly underrated in the development and under-developed countries. In the dependency theory, the sovereign countries are depend on the World Monetary System, such as World Bank and International Monetary Funds and others International Financial Institutions. The fiscal policies of the sovereign countries remained blocked or unused to facilitate the International wisdom and integrity. The conditional aids received by the sovereign countries towards the infrastructural development influence the fiscal policies. The North and South divide is mainly the division of employment ability and Human Resources Development. This makes the World System 'dependent' or 'interdependent'.

2.1.5    Flow of Money

Though the monetary system create wealth through digital numbers in the banking Leger, but most importantly is the distribution of money. The first and foremost, the channel of the distribution is the Government through human development process and the credit policy of the commercial bank. This means, the Government is towards the nurturing and the banking system is the distribution of the digital numbers.

The lack of proper channel towards the flow of money is the main reason for the unemployment and poverty. The feudalism of the jobs, markets, hoarding of money and lack of morality of payment against work is the main reason for Industrial Dispute. There is a lack of confidence in the workforce even though there is eminence competence and skills that float in the market.

The feudalism creates block and these blocks are difficult to break since there is no catalyst to dilute or merge to create a more potent fabric of Human Resource development.  These blocks create the blockage of free flow of money that further create purchasing power of the ground forces.

Thus in the dejure monetary system, there is absolutely lack of coordination in planning and execution towards the human resources development, i.e. fiscal policy and distribution of money through credit system.  In the weak fiscal policy, the private lender through micro financing fill the space and create a debt bondage and seize their collateral securities.  These debt bondage are further used against the National interests and influence national policy through pressure groups.

2.2 The Relevance of Currency and Industrial Dispute

There are many form of the currency that has been evolved historically and even exist in the presently time where there are more advanced way towards the exchange of transactions.  The legality of the currency and its circulation to the region recognise the Government of the country and its administration over the region.  It is the utilisation of the currency that brings people under the administration of the Government.  In case, if the fiat currency does not include the region through proper flow of circulation, indicates that there is no legitimacy or less influence of government.  Such region is taken over by the local mafia or feudal or remain abundant.

2.2.1    Currency

Currency is an identity of the regime that is used for the circulation as a medium of exchange, especially that create boundary and its limitation beyond the boundary. A currency in the most specific sense is money in any form when in use or circulation as a medium of exchange, especially circulating banknotes and coins. A more general definition is that a currency is a system of money (monetary units) in common use, especially for people in a nation.[56] Even though the Government change the circulation of legal tender indicates that the legitimacy of the currency.  Currency is not just the prerogative of the government but also beyond, i.e., the foreign government because recognition of the currency has the International exchange value.

The relevance of currency is different from the monetary system.  Monetary system creates wealth, whereas, Currency makes its legitimacy and the proprietary of the wealth.  The range of utility of the denomination of the currency indicates the economic strength of the region.  It flows from higher range to the lower range and its purchasing capacity.

2.2.2    Alternate Currency

Alternate currency or complimentary currency existed in many form historically and still applicable in many situations where the fiat currency is not able to reach or into circulation.  Alternate currency is not a legal tender, but used as a mutual understanding of a region or community.  These alternate currency is to substitute the batter system and has its limitation since it is not applicable beyond its limited utility and acceptability.  Whereas, Fiat Currency is a legal tender because it is recognised by the Government.  The Government that is elected through the process under the Constitutional provision to which the people have given its consent.

In the global environment, it will be incorrect to say that the hegemony of US dollar created the supremacy of the US trade relations. The US trade relation is open while its strategic relations make the US Dollars most demanded. US Dollar being an International currency, where the United States of America enjoys the currency sovereign. US has strategic relations will all the country across in the World System. It makes US Dollar the governance of their strategic relations. Further, it is the migration policy that makes the supremacy of the US system. The US hegemony is sustained because almost every country earns dollars through migrant workers in the USA. Trump used sanctions and stopped Russian companies like Rusal Aluminium from accessing the dollar-based financial system in 2017 and then on Rosneft Oil in 2020. Since then the US has over 30 active financial-and trade sanctions that cut access to the Federal Reserve that have had severely de-stabilised and targeted weaker economies like Iran, Iraq and Venezuela. The Trump administration tried to pressurise the IMF not to assist Iran for COVID relief package.[57]  Financial sanctions play a significant role in the governance.  Flow of money and the trade do influence national and international relations in every sovereign country.

2.2.3    Crypto currency

Crypto-currency is a virtual currency that has no root.  It is a virtual system duly blocking the cyberspace through block chain.  A cryptocurrency is a digital or virtual currency that is secured by cryptography, which makes it nearly impossible to counterfeit or double-spend. Many cryptocurrencies are decentralized networks based on block-chain technology—a distributed ledger enforced by a disparate network of computers. A defining feature of cryptocurrencies is that they are generally not issued by any central authority, rendering them theoretically immune to government interference or manipulation.[58]  Thus Crypto-currency by-pass the sovereign authority of any country and its accountability towards paying taxes and other duties while using the resources and services of the country.  This is a monetary system of the virtual world based on the theory of Special Economic Zones that is beyond the ambit of National Law and Order.

Though, the US plays a conversion role in the global market and Euro in the European Union transaction, the 'absence' of the Global Central Bank, i.e. global currency, there are many trade transactions that are against the free trade. The space created in the absence of the Central Monetary System, cryptocurrency is making its space in the virtual trade. Though the US government has given the legitimacy to the cryptocurrency, but it is not defined the legitimacy of the consumption of this virtual currency. The U.S. government said on Thursday that lobbyist and former convict Jack Abramoff had agreed to plead guilty to violating a federal lobbying disclosure law in connection with an alleged fraudulent offering of the cryptocurrency AML Bitcoin. Abramoff pleaded guilty in 2006 to felony counts of conspiracy, fraud, and tax evasion.  He returned to lobbying in late 2016 (here) when he tried unsuccessfully to set up a meeting and phone call between Republic of Congo President Denis Sassou Nguesso and then-President-elect Donald Trump via Republican Congressman Dana Rohrabacher, according to a public disclosure filed with the U.S. Department of Justice the next year.[59]  Crypto means concealed/secret indicates that it is an undercover system and cannot have government to government dealing.  This makes Cryptocurrency not suitable for the International Trade.  This currency puts a huge impact on international trade laws in many ways as it affects the volume of transactions thereon. International law provides a manner, in which cross-border transactions should flow. Currently, crypto-currencies are not regulated and legal in many of the nations. For instance, the Financial Conduct Authority of UK does not consider such currency as a valid mode of exchange. In such a scenario, the issue is the manner to deal with international transactions. As mentioned in the above discussion that this currency is far significant for the transaction, it challenges the current provisions of international trade law.[60]  Cryptocurrency is something similar to the selling a portion of land in the moon, i.e. virtual transaction. 

Cryptocurrency works as colony where certain productive resources are blocked for others to use to the resources. This is done through Cryptography. Cryptography is operated by the IT professionals that is the reason the exchange value of cryptocurrency is much higher than the fiat currency. Cryptocurrency are used for the transnational syndicates and covert operation by the military. Cryptocurrency is another form of Truck system since it functions as closed economy. Though cryptocurrency do not have a centralised system and has not legal value, it is administered by Cryptography, i.e. technology. Cryptography involves creating written or generated codes that allow information to be kept secret. Cryptography converts data into a format that is unreadable for an unauthorized user, allowing it to be transmitted without unauthorized entities decoding it back into a readable format, thus compromising the data.[61]  Thus, cryptocurrency is alienated from the mainstream monetary system. Though cryptocurrencyclaims that the system is democratic in the monetary policy system since it is not centralised. However, this system is technology oriented and has not legitimacy by the governments. Even though Indian Apex Court has lifted the RBI ban on cryptocurrency as liberty to do business, but the legitimacy of cryptocurrency has to come from the Government.

The US has approved cryptocurrency since the US has open and liberal economy and has space for every venture. Further US has strategic intelligence sharing and defence ties with all the countries in the world. US military uses covert operations. Thus, cryptocurrency is of utility to them and to their network. It might have a conversion provision. However, the sovereign nation that has a monetary policy through production and trade, cryptocurrency has less relevance or no relevance.

2.2.4    Currency and its counterfeit[62]

Though it is only 3% of the money that is generated from the Central Bank, which is currency, i.e. coins and notes, but its impact in the circulation has larger effect. Its exchange value and the purpose has not only effect the people's life, but also to the companies. If there is a flow of counterfeit money in the circulation, then there is no system that can be reimbursed for the counterfeit and thus, it affects the buying power. Further excess flow in the circulation creates inflation. Besides this, the sustainability of the counterfeit currency discourage cash transaction and opt for other means of transaction, such as digital.

Though all the people are not able to use the digital system, thus lack of flow of currency creates unemployment and purchasing flow. This affects the economy of the country. The counterfeit currency encourages the hoarding of cash and investment in gold to protect the value of investment or money.

2.2.5    Monetary sovereignty or Currency sovereignty

Monetary sovereignty is the basic of any sovereign nation since the monetary sovereign makes policy of the country independent. It is similar to military sovereignty. However, the monetary sovereign should be based on some standard value. The standard values could be based on the resources available or the worth of resources, i.e. Natural and Human Resources.  Monetarily Sovereign nation has the unlimited power to create its sovereign currency, it never needs to ask anyone for dollars. It doesn’t need to tax or borrow, and it never can be forced into insolvency. It can pay any dollar-denominated invoice of any size at any time.[63]  However, tax is not just the collection of money, but a duty to bind the citizens with the Institution, i.e. accountability to the State.

In the present context, the regional power forming a guild to counter the US hegemony.  US having monetary sovereignty uses its privilege to its International Relations.  Its hegemony does not rely on the ability to print currency, but it strategic relations such as defence ties. The March 2020 conference of finance ministers of the Shanghai Cooperation Organisation that includes China, Russia, Central Asian states, India and Pakistan agreed to send recommendations finalising a roadmap to conduct bilateral trade, investments, mutual settlements and issue bonds in national currencies. This system is being expedited after US actions during the pandemic.[64]  US strategic relation is meant to implement the International Laws and protect Human Rights.  Thus, any association or regional federations that abuse human rights and threatens the sovereign of any country is countered by US through sanctions. 

The value of Dollars are easy to handle since no countries has monetary sovereignty and thus, dependent on the exchange value of US Dollar. This makes countries to have cordial relationship with US. Though US is a land of world migrants and thus, uses these migrants as workforce against the exchange of US dollars. This is another form of Industrial Dispute. This makes US control over the workforce and uses its immigrant policies to negotiate deals, either in trade or other international relations.

BRICS being a new trade relations under core-periphery, i.e. dependency theory controlled through the new central banking reserves.  The BRICS’s New Development Bank, proposed disbursements in national currencies in 2015. In the April 2020 annual board of governors meeting with BRICS finance ministers, president of the bank K.V. Kamath said that in 2019, a quarter of the USD 15 billion of financial assistance was given in local currencies. Kamath said that BRICS had no intention of destabilising the dollar but  “50 per cent (of projects) should be local currency financed”.[65]  The regional banking system could be another form of central bank or reserve, and could have commercial banking network. However, it cannot substitute the US dollars since the US dollars has the world acceptance. Further it has strategic value in international relations. Whereas, BRICS Bank or other regional banks has challenge from local, i.e. national acceptability and global legitimacy.

Thus we need to have a monetary system that should have a standard values based on National sovereign standard along with its exchange value with the global system.  Regional Banks can have its trade relations balancing the two.

2.3    Share, Stock and International Institutions

After analysing the economic policy of the sovereign government, through fiscal and central banking system, the third aspect of the monetary system is Shareholding.  Shareholding is the generation of money from the communities of individuals, entrepreneurs, government and foreign investors. Whenever a company wants to raise funds for further expansion or settling up a new business venture, they have to either take a loan from a financial organization or they have to issue shares through the stock market. In fact the stock market is the primary source for any company to raise funds for business expansions. If a company wants to raise some capital for the business it can issue shares of the company that is basically part ownership of the company. To issue shares for the investors to invest in the stocks a company needs to get listed to a stocks exchange and through the primary market of the stock exchange they can issue the shares and get the funds for business requirements. There are certain rules and regulations for getting listed at a stock exchange and they need to fulfill some criteria to issue stocks and go public. The stock market is primarily the place where these companies get listed to issue the shares and raise the fund. In case of an already listed public company, they issue more shares to the market for collecting more funds for business expansion. For the companies which are going public for the first time, they need to start with the Initial Public Offering or the IPO. In both the cases these companies have to go through the stock market.[66]  Thus, stock market become a collection centre or the coordinator between the investors and the companies.  This bring money in the economy sector through public or any other sources.  The factor the makes this forum identical for the investor is the ‘risk’.

Shareholding is not all about collection of money through investment by public, government and financial institution to develop, expand or creating new business.  Shareholding is means the division of the Resources in the world order by the International Monetary banking system such as World Bank and International Monetary Fund.  The International Monetary Organisation creates money, whereas, World Bank invests those money to the underdeveloped and developing countries through infrastructural development projects.  These investments are either by loans or as conditional aids.

Stock is a parallel system of the banking monetary policy. Stock is a collection from the public, whereas, bank generates through credit system. Thus, Stock and Banks are competitors in generating money. Whereas, Tax is a collection of money for the government expenses and welfare measures by the Government. Thus, stock becomes the mutual fund, which is the collection of money towards mutual investment. These mutual investments are separate from the Central Banks and Government. The global stock market rally represents a gamble by investors that central banks will ignore the risks of a build-up in debt and continue to provide support at the current record levels, the International Monetary Fund has warned.[67]  There is no accountability or the demurrage in the Stock market.  It plays mainly through risk.  Many times these risks are manipulated to which the investors have to bear the loss.  Stock market is the game of manipulation.

These three aspects are part of the monetary system, i.e. Central Bank, Government and Stock Market. These three forum functions towards the collection of money than generating money. Money is generated by the labour, i.e. workforce. The role of Political Parties play a crucial aspect in managing the workforce. The people are the human capital of these segment that are captivated by the Political Parties, which is the independent forum and not part of the government in legal term. These political parties consolidate the workforce though ideologies and identities. The consolidated workforce are used towards the economy generation for licit and illicit economy. The Political Parties channelize the workforce as contractual labour to facilitate cheap labour or forced labour. These political parties hold a significant role in the Industries through shares in the business through workforce. These workforce create a share for the political parties towards economy generation. This also aid industrial disputed towards their vested interest.

2.3.1    Mutual funds/chit funds

Mutual funds and chit funds are two forms of stock that is again a collection of money towards a common goal.  Mutual Fund is macro collaboration, whereas Chit Fund is micro collaboration.  Mutual funds are used to take over world resources, i.e. mines, minerals, natural reserves, trade routes, ports, etc., whereas Chit Funds are used on taking over local resources, i.e. lands and properties. At the end of 2019, mutual fund assets worldwide were $54.9 trillion, according to the Investment Company Institute.[68]  Mutual Funds are absolutely private entity where Central Banks and Government have no role in it.  Through mutual fund investment, the National resources go into the hands of private entity and use against the State System.

The funds collected through the masses are generally used to fund the local terror outfits or global terrorism to use a pressure tactics to influence the government policies.  The organised crime of violence through Naxalism or Maoism under the tag of class war is funded through Mutual Funds.  Mutual funds organise the local trafficker or crime operators to facilitate its control of the activities.  The Commercial Banks are involved in this.

2.3.2    Currency Feudalism and gold standard

Special Drawing Rights (SDR) is a form of economic feudalism designed specifically to control the monetary system of the World.  Allocating five currencies, i.e. US Dollar, the Euro, Chinese Yuan, the Japanese Yen and British Pound Sterling as a basket subjugate other world sovereign nation values of money.  These currencies remain its hegemony as Industrial network to expand and take over the world market.  The SDR is an international reserve asset, created by the IMF in 1969 to supplement its member countries’ official reserves. So far SDR 204.2 billion (equivalent to about US$281 billion) have been allocated to members, including SDR 182.6 billion allocated in 2009 in the wake of the global financial crisis. The value of the SDR is based on a basket of five currencies—the U.S. dollar, the euro, the Chinese renminbi, the Japanese yen, and the British pound sterling.[69] These currencies remain its hegemony as Industrial network to expand and take over the world market. 

The Monetary policy of the Central Banking of the SDR countries are different from its government.  They are the network that aid to the credit system and influence the foreign policies and trade relations.  The credit given by these SDR countries further subjugate the lender countries to its policies.  The trade relations of these countries are not just, but as a borrower and creditors.  These lending leads to create a market, to which the borrower countries get into the debt trap and ultimately, the workforce are compromised with their remunerations as a mortgage.

The role of World Bank Group, an international organisation, which is a defacto arrangement of the imperialistic agenda that gives conditional aid.  This makes people of the sovereign country debt slave by birth and even when they are taxpayers and did not take any credit or loan.  The World Bank Group (WBG) is a family of five international organizations that make leveraged loans to developing countries. It is the largest and most well-known development bank in the world and is an observer at the United Nations Development Group. The bank is headquartered in Washington, D.C. in the United States. It provided around $61 billion in loans and assistance to "developing" and transition countries in the 2014 fiscal year. The bank's stated mission is to achieve the twin goals of ending extreme poverty and building shared prosperity. Total lending as of 2015 for the last 10 years through Development Policy Financing was approximately $117 billion. Its five organizations are the International Bank for Reconstruction and Development (IBRD), the International Development Association (IDA), the International Finance Corporation (IFC), the Multilateral Investment Guarantee Agency (MIGA) and the International Centre for Settlement of Investment Disputes (ICSID). The first two are sometimes collectively referred to as the World Bank.[70]  The network of the International financial organisations have many layers. These networking control the government to benefit their agenda of lending or credits.  They also provide conditional aid as the acquisition process under wealth management agenda of the world elites.

The invasion through the banking aids or the credit facilities encourage foreign direct investments to capture the crucial resources such as human development.  Through the non-governmental organisation, they encroach the national policies and use the people towards experiment as the field research of the technical innovation of health and pharmacy. The World Bank's (the IBRD and IDA's) activities are focused on developing countries, in fields such as human development (e.g. education, health), agriculture and rural development (e.g. irrigation and rural services), environmental protection (e.g. pollution reduction, establishing and enforcing regulations), infrastructure (e.g. roads, urban regeneration, and electricity), large industrial construction projects, and governance (e.g. anti-corruption, legal institutions development). The IBRD and IDA provide loans at preferential rates to member countries, as well as grants to the poorest countries. Loans or grants for specific projects are often linked to wider policy changes in the sector or the country's economy as a whole. For example, a loan to improve coastal environmental management may be linked to development of new environmental institutions at national and local levels and the implementation of new regulations to limit pollution.[71]  Through conditional aid, they make sure that the poorest countries surrender their resources and workforce to the members of the International financial organisations.

Loans makes the lender countries to surrender their policies to the SDR countries.  This makes the World system neo-colony.  Further, the loans from World Bank and subjugated governments give sufficient space for the transnational crime syndicates or feudal to enslave the population as debt slaves.  The World System on Dependency theories works as core, semi-periphery and periphery nations.  The currency flows from the core through the transit nations to the periphery countries and the benefit of the policies become bleak to the periphery countries.  Thus, the periphery countries retain their poverty and unattainable development.

The role of International Monetary Fund is to administer the currencies in the world system.  This currency administration seizes the monetary sovereignty of the sovereign countries.  The quota system provided by IMF reflects the boundaries of the capacity of the money mobilisation to administer the respective countries.  The reserves of gold is measures as value of money. The IMF is provided with a fund composed of contributions from member countries in gold and their own currencies. The original quotas were to total $8.8 billion. When joining the IMF, members are assigned "quotas" that reflect their relative economic power—and, as a sort of credit deposit, are obliged to pay a "subscription" of an amount commensurate with the quota. They pay the subscription as 25% in gold or currency convertible into gold (effectively the dollar, which at the founding, was the only currency then still directly gold convertible for central banks) and 75% in their own currency.[72]  The quota system block the scope of growth, whether it is monetary or skills in any system.

Gold as a standard of currency not because of its characteristic of the metal, but the values of labour. The cost of gold is determined by the labour engaged in the process for gold and silver. Further is gold as the resources available in the region and the labour applied in extracting with the pre-industrial technology, makes its most valued metal.  People who understand metals will know that gold is not a rare metal, but it is difficult to find and extract the same in large quantities with pre-industrial technology.  Gold’s prime characteristics of being corrosion resistance and easy to work on makes it highly desirable for various purposes, such as decoration and other industrial purpose.[73]  The utility of gold is not just the standard of currency, but it is also an investment and has exchange value.

Thus gold and silver (bullions) were always treated as trading values.  However, in the modern time, pre-industrial process has taken over industrial process and its workforce has huge technical and intellectual capacity.  The gold standard in the monetary policies is undermining the other capacities of workforce.  Further the gold is not available in many parts of the world.  This is making the standard of those region bleak under the tune of International monetary system.  The possession of gold makes the people/countries rich and the modern and evolved skills are subjugated in the hand of pre-industrial process.

In the modern context, the value of currency should be based on the value of resources, i.e. natural and human based on their skills.  This will encourage the countries to raise their skills to raise the value of their currency.  The Gold standard is now a history under the digital currency system.  The gold as a metal will retain the process of currency and not the value of currency of any sovereign country.  This will yield the monetary sovereignty of any country.

2.4    Global Impact on Trade Unions

Trade Unions are similar to Stock Market in the Central Banking System, i.e. its autonomous status.  Stock market is an independent body that is handling the money business through the collection of money from the investors.  They also provide shareholding through its stock to the new business or expansion of the business.  Similarly, Trade Unions created an autonomous entity in parallel to the international monetary system and the workforce forum.  Trade unions control the skilled people as workforce and negotiate benefits for its members from the Business houses or Industrial lobbies.  At the international level, the formation of the International Confederation of Free Trade Unions (ICFTU) in 1949, around the same period as the establishment of the United Nations and the Bretton Woods system, is a clear indication of the labour movement’s recognition of the need to consolidate in the face of the globalization of the multilateral system. The formation of the ICFTU was an early indication of Labour’s answer to the globalization of the world economy. This trade union international centre continues to play a major role in shaping the forces of globalization.[74] Skilled labours are the assets and to assembling them through unions was securing the assets of skills.

Post World War II, the freedom struggle given a sovereign country status in the world order. However, the World system that has international policy towards, trade, monetary balance and development of the underdeveloped countries were in the hands of GATT, IMF and World Bank.

The three institutions provided the framework for international transactions, with the aim of removing protectionism which was partly responsible for two World Wars, and promoting full employment and economic growth.

At the centre of a multilateral trading system are:

1. A group of economic actors and agents Investors and financiers, importers, exporters, producers, consumers and workers.

2. Facilitators Service providers such as bankers, insurance agents, transport and telecommunication services.

3. Rules of engagement Laws and treaties

The three framework institutions each had separate roles to play in the multilateral system.[75]

This has made Trade or Economy growth of the World in the hands of imperialistic power and this paved the way towards neo-colonisation.  It was not easy for Trade Unions to keep their position intact.  Since there were barricades of the sovereignty and internal policy making that was controlled through these International Organisations for Trade, Money and Laws for engagements.

To maintain the imperialistic agenda, there remained the flow of investment in the Third World Countries through the Regional groups such as ASEAN. The flow of investment and technologies in the region to get the best use of productivity of the Imperialistic economy to capture the regional market.  However, this International policy destroyed the indigenous economy and workforce culture.  This paved way towards the syndicate like (Chao Pho[76]) of unorganised and unskilled labour which became the hand tool of Organised Transnational Crimes that further facilitated the imperialistic agenda.

The case of Thailand[77]

Between 1985 and 1990, the Gross Domestic Product of Thailand grew at the rate of 10.3%, making it the fastest growing economy in the world. This was a tremendous achievement for a country which started with an agricultural base, but which became a major exporter of manufactured items with large industrial parks, using advanced technology and producing for the informatics and telecommunications markets. Japan provided 30% of the investment needed to develop the country, but other investors were drawn from Hong Kong, the USA, the United Kingdom, and some countries of the European Community.

The vast expansion of Thailand was accounted for by increased inputs of capital, labour and technology but was not driven by efficiency with the result that diminishing returns set in. Between 1990 and 1996 growth slowed to 8%, and by 1997, the growth rate fell to -0.4%. The result was a wave of unemployment, bankruptcies and conflict in the society.  The crash of the Thai economy was similar to that which affected the other countries of ASEAN. It has been blamed on financial and capital liberalization and deregulation, as well as structural problems in the economy. 

The crash of Thai economy is the evidence that the imperialistic policy cannot be random and should also be based on the local virtues.  Though the foreign investment and technology became the devastated for the Thai economy and conflicts in the society, but the Korean economy grew immensely in the 35 years.  Korea can also be examined as a country which was industrially backward in the 1950s and which benefited from regionalization and globalization, so that by the 1990s, it was the 5th largest car producing country in the world; had developed a most efficient steel industry and was the home of a thriving microchip industry. Per capita income increased from US$200 to nearly US$10,000 over 35 years.[78]  The reason behind Korea economic development is being a coastal land and adjoining to Central Asia.  This industrial distribution is not due to workforce emancipation, but to deal with Japan and China’s economic supremacy in the region. 

2.4.1    Globalisation and Division of Labour

Globalisation is not all about the division or destroying the trade unions, but it certainly challenges the Trade Unions existence is a consolidated way.  During the 20th century, craft unions lost ground to industrial unions. This shift was both historic and controversial because the earliest unions had developed in order to represent skilled workers. These groups believed that unskilled workers were unsuitable for union organization. In 1935, for example, the AFL opposed attempts to organize the unskilled and ultimately expelled a small group of member unions that were attempting to do so. The expelled unions formed the Congress of Industrial Organizations (CIO), which by 1941 had assured the success of industrial unionism by organizing the steel and automobile industries. When the AFL and the CIO merged to form the AFL-CIO in 1955, they represented between them some 15 million workers. At the same time, mass unions began appearing in Britain and several European countries, and before the end of the century the industrial unions—embracing large numbers of unskilled or semiskilled workers—were recognized as powerful negotiating forces.[79] Engaging the large number of unskilled or semiskilled workers for negotiation were a transition of creation a larger number of people as a community under the tag of class or ‘have-not’. They were creating a parallel workforce of different aptitude besides the industrial skilled workers.  That means jobs of different skills.

Trade Unions were the biggest challenge to the Industrial development since it was becoming an obstacle to the Industrial growth. The various forms of agitation and strike towards negotiation for the welfare of working class became the concern. The Trade Union were expecting the role and responsibility of the State from the employers, i.e. welfare measures from the economy class responsible for the economic expansion by the enterprising skills. The absence of the State welfare that remains a political obligation were burdened over the economy. Economy generation were parting the profits and income as tax to the State that is responsible for the protection of the interests of the class, i.e. securities and welfare measures. State is a collective consensus, all those engaged, whether government, economy, institutions and working class and their dependant become the collective responsibility of the State.

In the absence of the concrete solution to the welfare measures of the working class and its dependence, the Industrial class found the solution by diversifying the means of production. This expansion was not primarily to use the division of labour or the competence of various skills in the world, but also the capture the markets.

For example,

The major economic feature of globalization is the dominance of the Transnational Corporation, and the international division of labour in which the world economy can be organized as a global assembly line. An example is given in the following illustration of how a Pontiac Le Mans motor car is produced:[80]

1. South Korea is responsible for the assembly operations.

2. Japan makes the advanced components, engines and electronics.

3. Germany provides the style and design.

4. Taiwan and Singapore make the small components.

5. English firms advertise and market the product.

6. Barbados and Ireland handle the data processing.

7. Detroit is the seat of legal and banking facilities.

This diversification of the production of the component and to create a global market is not an agenda against Trade Unions.  While the distribution of the work to the various countries contribute to the stock market and collection of investment through shares in the corporate sectors.  Besides this the division of the manufacturing units also contribute to the market of the end products towards the indigenous consumption.  This economic strategy is a void from the welfare measure of the State towards its people.  Thus, Corporate sector are becoming the parallel system of the State and responsible for the weakening of the State. By the end of the 20th century the globalization of the workforce had brought new challenges to the labour movement, effectively weakening collective bargaining in industries whose workers could be replaced by a cheaper labour force in a different part of the world.[81] Though the global strategies of the imperialistic power not only weakening the Trade Unionism, but also the indigenous economic structure.  Having collected from the money from the private investors, the credit system of the central bank made people into debts.  These debts create a large force of cheap labours to the corporate sector.

The corporate policies further changed the work-culture. From an employment that facilitated social security has shifted to the contractual working. The Caribbean is witnessing privatization of state enterprises, the development of atypical forms of employment contracts, attempts by employers to contract and curtail benefits gained over the years, and attempts at bolstering productivity by flexibilization of various types.[82]  The contractual work culture further created a labour contractors which remained for a specific period. Hence, the labour instead of the direct relations to the management remained in the grip of the Human Resources / placement sector or departments. The placement agencies could be part of the corporate or franchise. This destroyed the very fabric of Labour Unions. The contractual jobs demeaned the benefits of the employment. The benefits of the employment remained consolidated in the pay packages. Thus, the actual remuneration of the labour remained very low. The major threats to the worker in globalization include reduced job security, having to compete for jobs worldwide, and the danger of having their wages and salaries driven down.[83]  The increasing jobless or unemployment is due to the captivation of resources and its selective utility, i.e. workforce, market and policies by the corporate.  Ample unemployment and shifting of global policies are creating job insecurity.

The decline of Trade Unions happened during the process of globalisation. Trade Unions were replaced by NGOs and INGOs that rendered their services to the benefit of the neglected people of the societies.  These NGOs and INGOs remained a pressure group on behalf of Corporate against the Government towards policy making that would benefit their sector.

Chapter 3:         Industrial Dispute - a criminology perspective

Though the civility has evolved through technology, the aspiration for rights has also encouraged through academic discourse, activism and mass awareness. It can be said that historically, there were engaging process to hold the labour by the privileged groups. However, the criminality of the process comes while engaging the workforce, when there is deliberate refusal to provide them with the right remuneration of their labour. This is called exploitation. Exploitation is crime in a civilised society. Slavery is a curse in a modern society, but it is term given academically, about those people who serve. Giving services was part of the inter-dependent society.  Services became slavery when there was forcefully captivation of the labour due to scarcity of the skilled people. The tactics used such as chattel system, or debt slave, etc. proved that services can be enslaved. This enslavement is the key point to study the Industrial dispute in criminology perspective.

Criminology does not limit to the individual’s social and psychology condition, but it is the system that keeps the imperialistic agenda to suppress the people, captivate skills and kill life.  The political science of criminology attack the structure of crimes, where people are on the receiving ends and then crime become an outcome, consequences or compulsion.

Historically, the means of production has defined the State-society relations.  Whether, it is feudal or monarchy or democracy, the theory of means of production remained a perspective of dispute among the trade relations.

Disputes creates instinct of crime and this also happens to the world system, when the workforce and Entrepreneurship conflicted instead of being the complementing to each other. Towards overpowering each other in the trade relations, i.e. the Entrepreneur skills and workforce took the different path to counter each other.

The Industrial Dispute as an academic discourse has legitimised the criminal instinct in tune of class war.  War is also a negative and leads to destruction of the civility.  Marxist perspective recognizes inequalities in power in the employment relationship and in wider society as a whole. Consequently, conflict is perceived as an inevitable result. Weakness and contradiction inherent in the capitalist system would result in revolution and the ascendancy of socialism over capitalism.[84]  Thus, this perspective has given a rise of class war which has taken as a shape of ideology.  A systematic syndicate was formed that earned its survival through Terrorism, Naxalism, covert operations and contract killings.  Trafficking of population became a tool to which all forms of slavery, i.e. Chattel slavery, debt slavery, penal and lease slavery and truck system is used to sustain the unorganised labour under an ideology of class war.

3.1    Dictatorship of Proletariat

Though there have been variation in the common score of proletariat by various theories, the proletariat it has a varied class.  They are not mere working class of the Industrialised society. The Proletariat, the lowest or one of the lowest economic and social classes in a society.[85] In Indian context, these proletariat is called dalit. Proletariat or Dalit are the base of the society.  The evolution of the society start from the base and sustain from the base.  If the base is weak, no structure will have a longstanding and it will collapse.  However, the value of the base is when there is a roof.  This roof is called bourgeois class.  In the context of Indian sociology is Bramho-kshatrya-vaishya class.  Brahmo is scholar, protects the morality of the society.  Kshatriya is administrator of the society and Vaishya are the economy generation for the society and Shudhra are service class.

The proletariat class are of different culture, i.e. the Industrial based society and the agriculture based society.  Thus, the Marxist/Lenin and Maoism perspective for the proletariat class is also different.  The common factor of both the approaches, is the armed conflicts.  The dictatorship of proletariat has to be the violent since dictatorship cannot be achieved through consensus.  Naxalism is considered to be one of the biggest internal security threats India faces. Naxal violence is related to the intensity of the feeling of people of their deprivation and their commitment to take revenge against those who are believed to be responsible for such denial. Currently, the main supporters of the movement are marginalised groups of India including Dalits and Adivasi’s, who believe they have been neglected by the government.[86]  Bloody war or killing is the only solution in the dictatorship of the proletariat.

The conception of State remained limited to the Government. The Central Banking system, which is controlling the monetary policy could not reach to the aspiration of the proletariat class. The proletariat class remained the union of craftsmen and could be part of the trade union based on industrial skills. The absence of the presence of government or limited governance, the indigenous communities lost its essence to the credit facilities of the banking system. There were no provision of the repayment of loans along since there was no generation of money. The only benefit they got that they enjoyed the status of the tax evasion class for the government. The proletariat class remained a political capital of semi-skilled and unskilled by way of ideologies exploitation. Thus, the proletariat class is a class of isolation from the monetary policies of the existing system of Central Banks.  Nature and apathy of the political system towards tribals remained one of the most important factors that led to such uprisings.  Inability of political authority in India to provide avenues for structural uplift to the deprived sections of society in the affected states. Lack of political participation by the tribal community.[87]  The absence of government apathy, this segment was taken over by the proletariat ideology and remained a conflict zone against the State and equipped people as class war.

The absence of circulation of currency in the monetary policies for the remote areas created a gap. This gap is filled by the cartel which are engaged in agitation, violence and massacre towards the extortion of money, so that the currency, i.e., legal tender can be availed in the neglected zones. After all, these deprived region are also a part of inter-dependent societies.  Naxalism, as Maoism in India is often called, rides on the slogans of economic exploitation and underdevelopment¹. However, the Indian Maoist literature does not lay out any well-articulated economic programme; it speaks more about ideological and organisational issues, against capitalism, imperialism, globalisation, Special Economic Zones (SEZ) and industrialisation. They vaguely mentioned about people’s democratic economy in the following words: “All the industries, banks and other industries of the Imperialist and the comprador big bourgeoisie will be expropriated, turned over to the new democratic state, all lands will be expropriated and distributed to the landless.[88] On the face of the crisis these people of the remote region are not able to get the benefit of the State system. The absence of the circulation of currency made them under-developed even after independence. Their resources are taken over by the State for the multinational projects that not only destroying the environment but also their indigenous means of survival. Between the first phase of Naxalism (1967 to 1972) and today’s Maoist movement, vast changes have occurred in the taxonomy of Naxalism. Today, it has metamorphosed into a highly rigid and militaristic movement, more intent on terrorising segments of population than on supporting people’s causes.[89]  The intrusion of the multinational projects in the remote zone changed the culture of the initial Naxalism, since the flow of money from abroad changed their culture of activism. The national issue has taken over by the global syndicates towards the negotiation, extortion in the world order in the tune of Globalisation and Special Economic Zones.

3.1.1  Periphery countries and Maoism

The taxonomy of the Naxalism has taken over a large sphere of economy of violence, espionage and extortion in the global order. From a revolt of a remote region to the global order is not possible with a systematic arrange and the consensus of world power.  Marxist’s class war and Lenin’s organising cheap labour has created a parallel system of economy.  This economy survives of the theft of Intellectual property, counterfeit products and cheap labour market through violence, coercion and corruption in the State system.

After the disintegration of USSR, there were no scope to take over the cause of the proletariat. A significant portion of the world population could not benefit from the Industrialised liberal economy since there was lack of governance of unskilled or craft unions.  European Union further fortified the scope of international relations and trade.  Germany being the advocacy for the communism, it created a fabric of organisation based on Marxist-Lenin and Maoism ideology in various periphery nations.  International Conference of Marxist–Leninist Parties and Organizations (ICMLPO) is an international grouping of political parties and organizations adhering to Marxism–Leninism–Maoism founded in 1998 by the Marxist-Leninist Party of Germany. It is organized by a Joint Coordination Group and meets every two or three years.[90]  This is a crucial network in the era of globalisation and needs a proper study of their networking and political patronage.

Students remain the target of political motivation and are used for political purpose such as revolt, protest, agitate even though the process remains the peaceful method. When these agitations become violent as strategy, they get into the trap of penal slavery under the process of law. Students being the energetic having a long tenure of life become easy prey for the syndicate of involuntary servitude in the later run. Gradually, they get into the organised crime in way of militancy and become a part of armed groups. Founded in September 1976, MLCO Proletarian Way traces its roots from the student and workers' movement of May 1968. It absorbed militants from various previously disbanded Marxist–Leninist organisations, such as Gauche prolétarienne.[91]  The organization takes part in the International Conference of Marxist–Leninist Parties and Organizations (International Newsletter). Proletarian Way also support the people war in India and Philippines.[92]  All the freedom struggle movements starts as student movements, which is then taken over the organised groups and the miscreants of the society.

The militancy of the Proletariat ideology is a structure through networking. This network has spread across the globe controlling the periphery nations or the disputed territory of the region or the ethnic groups by way of identity and ideology conflicts. Other groups of this network, such as homosexuality, gays, lesbians, i.e. LGBTQ community have been given an identity, however, sexual orientation has a private choice and cannot be an identity group, just like vegetarian and non-vegetarians. Women are also included as 'feminism' to protect them from the criticisms from the civility. These anti-sexism gave a protection from the immoral acts under the tag of women's choice or freedom. Identity and Ideology of the tool of process of assimilation of this structure.  Proletarian Way is active in all the struggles of the working class and the proletariat, in factories and popular neighborhoods. For example, the struggle for employment, support for immigrants, against sexism and homophobia etc.  In trade unions, particularly in General Confederation of Labour (France), it participates in the development of red fraction with the blog "Où va la CGT?"[93]  The rights of LGB groups as community has taken over the community of Transgender, who are born.  LGB is an orientation, whereas, transgender born biologically. Thus, transgender are different from the LGB community and treated as Third Gender. LGBTQ is taking over the biological third gender is another form of aggression or dispute.

If the detailed research is done the ICMLPO, i.e. International Conference of Marxist Lenin Parties Organisation, is a syndicate originated, i.e. concept from France and executed by Germany that took over the militancy assignments of violence, wars killing, displacement and even pandemics through its network spread over the member countries.  In late 1995, a series of general strikes were organized in France, mostly in the public sector. The strikes received great popular support, despite paralyzing the country's transportation infrastructure, and other institutions. The strikes occurred in the context of a larger social movement against the reform agenda led by Prime Minister Alain Juppé, and they constituted the largest social movement in France since May 1968. The November–December 1995 general strike has been seen as a turning point in the social movement. Many organisations were created in the aftermath of these strikes.[94]  The strikes are being tool to consolidate the fabric of dissent so that the negotiation could be done in a large scale.

The funding of such assignment is done by Mutual funds collected from the investors, to which they become a beneficiaries in the longer run. For example, the market created for Dassault Rafale air-fighters for Indian Air Force, was an assignment for the lobbyist that is executed through many manipulations, such as bribing and violence. These are the expenses of the assignment that is used through the money collected from the mutual fund. The profits of the assignments are paid through various forms such as advertisement Media, donations to NGOs / INGOs and other means. These mutual funds are the fundraiser either through commercial or private banks or other financial and credit institutions.

To create such a committed network for the parallel economy, there is a need of a fine knitted fabrics to execute such assignment such as Rafale deal. Such assignments whether of a new venture or market or cheap labours such as Syria crisis were there has been a huge displacement and migration to Europe. This is done through a network of International organisations. This needs a proper study that how such network functions. For the 2017 federal election the MLPD formed the Internationalistischen Bündnis (Internationalist Alliance) coalition. The coalition is made up of different local electoral groups, migrant organizations (such as ATIF, ADHK and the German section of the Communist party of Iran) and labor union groups.[95]  The network of migrant organisation in the land of origin and in the destination land has the significant role in created various support in the execution of the assignments. Such migrant organisations are the trafficker of people of the proletariat section of the society.

If a separate studies is done on these networking and its political relations, it will expose that the crime is an economy. The economy is being facilitated by Germany, which is invested in China. Thus, China foreign investment is from the economy of transnational crimes of various forms. The ICMLPO that is founded in 1998 is both challenge and facilitator to the globalisation. This is a real face of Transnational Syndicate that is cause and challenging threat to the State Institutions and national policies.

3.2    Espionage – an intrusion

The proletariat syndicate functions through the network of espionage and sleeping cell, which operates from Germany through ICMLPO members in their respective countries.  ICMLPO do not make governments, but control the system through the networking of spies.  ICMLPO has a French legacy though executed by Germany has spread across the world of periphery nations and created a network of spy. 

The Legacy of the espionage system is behind the parallel Industrial corridor, post-American independence from the British colony. The British colony was replaced by France, where France in the name of liberty and freedom for Americans took-over the USA's industrial belt through acquisition process.  Historical accounts have been written of industrial espionage between Britain and France.  Attributed to Britain’s emergence as the “Industrial creditor”, the second decade of the 18^th century saw the emergence of a large-scale state sponsored efforts to surreptitiously take British industrial technology to France.[96] USA became French Industrial corridor and the pirated of the British intellectual properties with little alterations and through wealth acquisition processes.  They just not only took over the industries, but the trained or skilled labour which was nurture by the British in the passage of time.

Though by virtues English are the skilled people and that is why they are the pioneer in the Industrial revolution. To protect its Intellectual properties that was developed gradually, they created laws to protect their interest and intellectual assets. This created a hegemony and thus, through the espionage system there was theft. Gradually, post-World War II the United States of America became the hub of brain-drain across the globe. From espionage to intellectual liberty became the methodology of industrial development in the USA. Witnesses confirmed both the inveigling of tradespersons abroad and the placing of apprentices in England. Protests by those such as ironworkers in Sheffield and steelworkers in Newcastle, about skilled industrial workers being enticed abroad, led to the first English legislation aimed at preventing this method of economic and industrial espionage. This did not prevent Samuel Slater from bringing British textile technology to the United States in 1789, for to catch up with technological advances of the European powers, the US government in the eightieth and nineteen century actively encouraged intellectual piracy. American founding father and first U.S. Treasury Secretary Alexander Hamilton advocated rewarding those bringing “improvements and secrets of extraordinary value to the United States. This was instrumental in making the United States a haven for industrial spies.[97]  Industrial espionage was a tool to create an alternate industrial corridors to facilitate French international relations. The actual industrial dispute in the Trade was between British intellectual properties and French espionage system historically.

France being the pioneer in the Espionage network, it became economy for intelligence sharing to the governments and also to the Industrial economy. Whereas, Germany through ICMLPO network executed the intelligence inputs licit and illicit through tendering the contract. This contract becomes legal when its input are meant for the Internal and external securities. However, when it is shared to the Corporate and other outfits, such inputs become illicit. Thus, Espionage becomes a very structured syndicate and potent economy. Post World War II, Japan became the new Industrial corridor for France.

There is another way of stealing intellectual property is awarding the Nobel Prize or similar recognition in various field.  The nomination of research is the collection of intellectual properties, while the best and kept aside and the nominal get the recognition.  The various nominations become the property of the forum and they are utilised by other while through some modifications.

The selling of intelligence, covert operations, stealing of intellectual properties and trade information, controlling the skilled workers through bouncers became a parallel economy for France’s Industrial corridors.  This paved an economic conflict between two economic lobby, i.e. British and France.  France survives through British innovations.  This is the major cause of Industrial Dispute.

Espionage created a parallel regime and became a structured network that has its own economy and people engaged are picked from every walk of life either through compulsion or coercion.  These workforce live with civility as sleeping cells.  These sleeping cells are bouncer and also facilitators to the other terror activities as assigned.  The network of these regime function through NGOs such as Aga Khan Development Network (AKDN).  They development agenda through micro-financing is a tool to control population through debt slaves.  One of the members of the family get into the economy of crime since crime is a coercive work, which is shielded in the ideology and identity. AKDN maintains a number of important partnerships in Germany, including with BMZ (Federal Ministry for Economic Cooperation and Development); GFFO (German Federal Foreign Office); GIZ (German Agency for International Cooperation); KfW, which has been a partner in a number of projects; DEG (German Investment and Development Cooperation), a KfW subsidiary; DAAD (German Academic Exchange Service); and with Deutsche Welle (Germany’s international broadcaster).[98]  AKDN play a role of catalyst in the ICMLPO through its NGOs.  AKDN works on behalf of France and coordinate the workforce in the French International relations.  The catalyst of AKDN works with a similar concept of block-chain to facilitate the French agenda.  Through the Stabilisation Programme for Northern Afghanistan (SPNA), an innovative programme of small, community-led infrastructure projects, local people are encouraged to take charge of their own development. Following community consultations, nearly 430 projects have been implemented, responding to the needs local people identified as the most important to them. This builds more than infrastructure; it also builds trust, government legitimacy and civic engagement.[99]  The connection with the local government is to control the population through state machinery.  This makes the population engaged the espionage as penal slaves.  The funding of these activities are sponsored in the name of philanthropy activities.  The governments allow these NGOs to work on the grass-root level because they are the source of money circulation from the foreign sources.

Women are the potent resources for espionage due to sexual facilitation.  That is the reason, trafficking of women are the third largest economy.  In others words, women facilitate the economy of espionage.  This cause every crime, from child abuse, rape, domestic violence and sex slavery.  Due to this women do get victimised in most of the occasion and get a fatal life.  This further brings women into the chattel system.  This slavery is not restricted to any class or identity.

3.2.1. Cyber Espionage and Crypto-currency

Dollar being the universal currency so the usage of Dollar in every licit and illicit activities, the United States of America became the currency control of the espionage system.  The USA is the leader of the Espionage system in the world due to its currency sovereignty.  Thus, become a circulation of money to facilitate every transnational activities.  When the central currency is used for the concealed activities, then such activities become accountable. 

To counter such accountability an alternate currency such as Bitcoin got legitimacy in the US Stock market. The value of one unit of Bitcoin is approximately 9,196.22 (as on 15^th of July, 2020).  This indicates the value of Bitcon is the based on the value of IT professionals cost.  This also means that the gold standards of the currency value is taken over by the IT professionals’ digital currency.

The block-chain system is used to take over the routes of traffic in the digital world.  Though the strategy of block-chain itself is a crypto-strategy since it is beyond the control of central authority.  This block-chain could be more challenging than the cyber-war.  This could be new colonies in the digital world. The block-chain network has no central authority — it is the very definition of a democratized system. Since it is a shared and immutable ledger, the information in it is open for anyone and everyone to see. Hence, anything that is built on the block-chain is by its very nature transparent and everyone involved is accountable for their actions.[100]  This block-chain is difficult to break or taken over.  This is a digital control since Information Technology has taken over every aspect of life.  Similarly, corporate are creating their digital coins. 

E.g.  1 unit of Ethereum is equal to 239.36 US$,

1 unit of Litcoin is equal to 43.49 US$

1 unit of Monero is equal to 64.22 US$

1 unit of peercoin is equal to 0.175 US$

1 unit of dogecoin is equal to 0.0036 US$

At present, there are no Bitcoin CFD trading options allowed in the US, but there’s an ongoing push by US bank regulators to legitimise Bitcoins by giving it and firms that trade in it a national licence. Avatrade and Admiral Markets, for example, have started to introduce Bitcoin Cash CFD trading.[101]  Share trading is itself an autonomous system, beyond the Central Banking and collecting the investment from all the sources.  Avatrade and Admiral are the prominent share brokers in US stock market.

[102]                                                     

From this map is it seen that Mexico is the major user of the Crypto-currency.  Mexico is a transit nation of Drug to United States of America.  Thus, it is a matter of detailed study how the crypto-currency will gradually control the Cybernetwork through block-chain, which is beyond the central authority control.  If the drug syndicate uses the crypto-currency for their dealings then these transnational syndicate will be beyond the control of the central authorities.

Though the cypto-currency is beyond the control of central authority, but its exchange value has implication in the system of real currency.  After all, the purchase value is based on the currency and not digital.  Bitcoin has been praised and criticized. Critics noted its use in illegal transactions, its high electricity consumption, price volatility, and thefts from exchanges.[103]  In that case cypto-currency will certainly be the theft from exchanges.

3.3    Patent and Intellectual property theft

In the absence of appropriate World System, the International Organisations such as World Bank, IMF and World Trade Organisation are mainly working on monetary policies and trade regulation.  The whole system is based on the Dependency theory, where the world region is divided in Core, semi-periphery and periphery nations.  This maintains the supremacy of the core nations since they are the market of every produces due to their currency sovereignty through IMF.  This enables them to control every policies including the intellectual property. Patents provide incentives for economically efficient research and development (R&D). A study conducted annually by the Institute for Prospective Technological Studies (IPTS) shows that the 2,000 largest global companies invested more than 430 billion euros in 2008 in their R&D departments. If the investments can be considered as inputs of R&D, real products and patents are the outputs. Based on these groups, a project named Corporate Invention Board, had measured and analyzed the patent portfolios to produce an original picture of their technological profiles. Supporters of patents argue that without patent protection, R&D spending would be significantly less or eliminated altogether, limiting the possibility of technological advances or breakthroughs. Corporations would be much more conservative about the R&D investments they made, as third parties would be free to exploit any developments. This second justification is closely related to the basic ideas underlying traditional property rights.  Specifically, "[t]he patent internalizes the externality by giving the [inventor] a property right over its invention." A 2008 study by Yi Quan of Kellogg School of Management showed that countries instituting patent protection on pharmaceuticals did not necessarily have an increase in domestic pharmaceutical innovation. Only countries with "higher levels of economic development, educational attainment, and economic freedom" showed an increase. There also appeared to be an optimal level of patent protection that increased domestic innovation.[104] The Research and Development in the periphery countries are systematically destroyed through brain drain. The intellectual credibility and capabilities are taken over by the core countries and then patented in their jurisdiction. This become stealing of intellectual wealth from periphery nations. Thus, when patent issues are discussed, there must be the conditions for such intellectual properties to be included when the ownership is concerned. However, no intellectual properties sprout from zero, it has an impact of many other associate finding or could be an evolution of a conventional intellectual property. This make the theory of patenting as exclusive possession in question.

The crux of Industrial dispute is the patent and intellectual property theft.  Invention leads to progress and progress is not embodied to individuals, but to the whole society at large.  Patent is an identity of inventions or creations, but it cannot structure a feudal system in the intellectual properties.  This blocks progress and pave way for theft/stealing.  Primary incentives embodied in the patent system include incentives to invent in the first place; to disclose the invention once made; to invest the sums necessary to experiment, produce and market the invention; and to design around and improve upon earlier patents.[105] Intellectual property is a social possession once it is paid for its intellectual disposition. 

There are many form of Intellectual Property theft is identified as the concept of intellectual property is taken as real assets.  The forms of Intellectual Property are the following -

Copyrights: These include writings, musical recordings, films, plays, and other creative works that are recorded into a tangible medium.[106] Copyrights claim the possession of the right to market in any forms and not the creative ownership of the item. Since the creator of the item does not create the item in isolation and has a team behind it. Further it engages audiences to facilitate the item created. Thus, ownership of the item is a vague possession.

Patents: These include inventions and other mechanical or technical innovations.[107]  Invention are done through Research and Development and includes many collective inputs. Just financing Research and Development cannot be the ownership of the findings. The intellectual properties of R&D cannot be excluded, when there are implementations and users of these intellectual properties. The exclusiveness the Intellectual Property from the consumption is the main cause of abducting scientist and researchers to control the Intellectual supremacy of the elitist groups of the core nations.

Trademarks: These include logos and slogans that are used to identity particular goods. Trademark laws also cover service marks and trade dress.[108] Trademarks cannot come under the category of the Intellectual properties since it identifies the Trade such as, flags of any country or Institution or religious organisations.  It is an identity and not a property.  These trademarks should be registered through respective authorities.

Trade Secrets: These consist of recipes, instructions, production methods, and other information that gives a person or a business a competitive edge and is not readily accessible by the general public.  Anything, which is in the market goes for public consumption. The trade methods become an input for the academic discourse and institutionalised learning in due course of time. Then, these academic input are further researched and bring into more innovation to the present context of requirement. This makes society evolved. Thus, Trade Secrets become a public property and there is no conflict in this. Instead of patenting, if the trade secrets are given to the educational institutional possession, it will be in a true sense of Corporate Social Responsibility. Further, there will be not industrial dispute because, it will be then the Academic possession and will be recorded as history. Presently, there is a big gap with the academic intellectual possession and the real social trend. This makes Academic a stale information basket.

The Intellectual property Laws are made to captivate the knowledge in the cage of possession of Law.  Most of the Laws are made not to resolve the disputes, but towards the preferential treatment of the ‘possession’ class.  Intellectual property theft occurs when a person knowingly takes, uses, misappropriates, or otherwise steals property that is protected under intellectual property laws.  Since there are many different types of intellectual property, there are many variations of intellectual property theft. An example of intellectual property theft is where a person knowingly copies a company’s logo and uses it on their own items without the company’s consent. Another example is where an employee takes a company’s secret food recipe and uses it to create their own food product.[109]  Logo is trademark which gets registered.  This cannot be copied as it will be intellectual property theft.  This can only be done as counterfeit uses.  Secondly, food recipes are always an evolution cultural food or fusion of multi-cultural food.  So, there is no exclusive invention of any recipes.  Once a food comes in the market consumption, the recipes becomes public property since the foodies can identify the recipes even by consumption.  There is nothing called recipes theft and can be defended.

The intellectual property theft occurs when there stealing of invention in the name of promoting invention.  In the absence a mechanism of protected and preserving intellectual properties many form of scam and infringement happens.  One of the most common types of intellectual property fraud is called “inventor promotion fraud” or “invention promotion scams.” This is where an inventor is tricked into paying money for the promotion or development of their invention without the promotion/development ever occurring. This often happens through invention promotion firms (or persons who pose as such), who use fraud to obtain fees for such “services”.  In reality, the scam artist might take the invention, patent, or trade secret and use it for their own gain. The scammer also might simply take off with the money and never provide any services toward the development or promotion of the invention.  Other types of intellectual property fraud or scams may involve more direct violations, such as outright copyright infringement or other infringement actions.[110]  The contradiction in the theory of fraud on intellectual property is that the perception is itself a flaw.  When any invention is promoted in the market, it has to disclose the information to sell the product.  Thus, it become the market possession.

The international Law on the infringements is as tricky as World monetary policy of IMF.  The Laws that is meant to protect the intellectual property is used by the legal syndicate for extortion from the Industrial countries. The cost of defending against a patent infringement suit, as of 2004, was typically $1 million or more before trial, and $2.5 million for a complete defense, even if successful. Because the costs and risks are high, defendants may settle even non-meritorious suits they consider frivolous for several hundred thousand dollars. The uncertainty and unpredictability of the outcome of jury trials in the United States also encourages settlement.[111]  The functioning of this lobby is multifaceted.  Industrial espionage works of their lines.

The Law fraternity has made the legality of trade and patents very complex.  Whether, it secures the interest of the trade or not, but certainly it facilitate a very high paying jobs to the legal fraternity.  This also creates a separate economy for Law officers. Most industrialized nations have signed the Paris Convention, which provides reciprocal rights related to filing patent applications. An inventor still needs to file a separate application in each country that has signed the Convention, but each country will use the U.S. filing date for the application. Filing for multiple patents can become expensive quickly, as can enforcing your patent rights in foreign countries by bringing infringement actions. You would need to hire attorneys in those countries to help protect your rights, and you would incur court costs in foreign courts.[112]  It cannot be denied that the theft of Intellectual properties has a nexus of Espionage and Attorneys/Lawyers.  Both have French legacy.

3.4    Piracy and counterfeit

There is not much difference between the theft of Intellectual Property and the Counterfeit.  Theft of Intellectual property is stealing the ‘idea’ of enterprising, whereas, the Counterfeit is stealing the market.  To counterfeit means to imitate something authentic, with the intent to steal, destroy, or replace the original, for use in illegal transactions, or otherwise to deceive individuals into believing that the fake is of equal or greater value than the real thing. Counterfeit products are fakes or unauthorized replicas of the real product. Counterfeit products are often produced with the intent to take advantage of the superior value of the imitated product. The word counterfeit frequently describes both the forgeries of currency and documents, as well as the imitations of items such as clothing, handbags, shoes, pharmaceuticals, automobile parts, unapproved aircraft parts, (which have caused many accidents), watches, electronics (both parts and finished products), software, works of art, toys, and movies.[113]  The counterfeit products complement the market created by the branded products and takes a huge premium from the consumers of that brand. This makes the product beyond the accessibility of the masses within their affording capabilities. However, such brands do create a market and aspiration of those products. Such aspirations are filled by the counterfeit produces.

Though the consumers do understand that the difference between the counterfeit and brands, but the innovation and technology involved in the brands reaches to masses through the counterfeit produces.  This is a channel of transfer of technology.  Branded products has its outlet where counterfeit cannot intrude.  Counterfeit culture is the thriving markets surrounding fake street-wear. Most commonly, these markets originate out of areas where the inability to buy popular street-wear brands has fuelled more sophisticated markets for counterfeit goods. These markets have spawned the emergence of a tribe of widely available copycat brands.[114]  Thus, counterfeit is generally accepted as mass consumption since it facilitate the local market.  Brands takes a high premium of the products, whereas the counterfeit seizes that premium to reach towards the larger consumption.  In countries like South Korea and Russia where trade sanctions were imposed in the past to prevent the importation of popular brands, demand was stimulated for available counterfeit alternatives. The economic standing of a country or region also contributed to the demand for these products as the average consumer can’t afford luxury prices but will gain the same social impact purchasing a knock-off that’s of almost indistinguishable quality to the original product.[115]  When there is a crisis in the International Trade relations or disasters or wars, it is the counterfeit products help the local consumption.  Thus, counterfeit often treated as blessing in disguise.

Counterfeit products generate economy for the periphery countries or consumption for the periphery communities in the developed countries. Luxury streetwear is out of reach for many people, not just because of international sanctions and low wages, but because exclusivity is built into its business model. Social and cultural forces are driving the unique fashion scene. In particular, social media has a huge influence on over these markets giving people images of things they can’t own and further fueling the desire to obtain certain “hyped” items by any means accessible.[116]  Similarly, for the street food, the cost of consumption of street food is much lower than the cost of food in the branded food centre.  Thus, counterfeit products have its own market, skill and local intellectual properties to maintain the alternate business models. Designers have even begun to acknowledge the trend of counterfeit culture by referencing fake or knock-off goods in their designs. This brought counterfeit culture into the realm of mainstream culture and has essentially shifted global acceptance towards becoming more lenient of these products as an appropriate alternative.[117]  The global acceptability of the counterfeit produces since it fulfill the demand which may not be done due to production limitation or handling the demands.

3.4.1    Counterfeit medicines

The Research and Development in a pharmaceutical sector is a time spending activity and need a fund. Pharmaceutical companies invest in the R&D and include the cost of the R&D in the cost of the medicines as premium. This makes the medicines expensive and thus, debar the majority of the masses as consumer. In the absence of scientific research in the periphery countries, the medical product counterfeit is the only measure to fulfil the health requirements. These counterfeit also has a mechanism which goes through the government procedure of licensing. The threat from counterfeit pharmaceutical products is hardly new; many national authorities have long waged their own struggle against counterfeit medicines. Although WHO has been working actively on this complex, politically sensitive issue since it was first discussed in May 1998 at the World Health Assembly, enforcement efforts stepped up a notch in 2006 when it launched the International Medical Products Anti-Counterfeiting Task Force (IMPACT), drawing members from international organizations, enforcement agencies, industry and nongovernmental organizations.[118]  Health is a welfare measure and come under fundamental rights of Life.  Thus, it is mandatory for any government to provide the health benefits.  There is a need to correct the policies of health care that includes medicines and others in the World Order. 

3.4.2    Counterfeit currency

The contaminated currency has a historical legacy.  Currency being the exchange value is always controlled by the ruler of the regime.  Gold, i.e. bullion became the universal coinage towards the exchange of values. The business of counterfeiting money is almost as old as money itself: plated copies have been found of Lydian coins which are thought to be among the first Western coins. Before the introduction of paper money, the most prevalent method of counterfeiting involved mixing base metals with pure gold or silver. During World War II, the Nazis forged British pounds and American dollars. Today some of the finest counterfeit banknotes are called Super dollars because of their high quality and likeness to the real US dollar. There has been significant counterfeiting of Euro banknotes and coins since the launch of the currency in 2002, but considerably less than for the US dollar.[119] Thus, it indicates the most demanded currency has more counterfeits in the circulation. 

The most ill-effects of the counterfeit currency effects the business houses.  The counterfeit currency in circulation do not get reimbursed if it is caught in the circulation and thus, become the loss of the bearer. Some of the ill-effects that counterfeit money has on society include a reduction in the value of real money; and increase in prices (inflation) due to more money getting circulated in the economy - an unauthorized artificial increase in the money supply; a decrease in the acceptability of paper money; and losses, when traders are not reimbursed for counterfeit money detected by banks, even if it is confiscated.[120]  This affects the business cash flow and further cause the Industrial disputes by way paying of wages and vendors. The fake currency effects the street vendors.

Currency has less legitimacy, when it comes under monetary policies since currency gets trap of counterfeit. Thus, it affects the monetary policy of the central bank and the overheads of the government since it costs the anti-counterfeit measures. 

Chapter 4:         Impact of money in forming the sociology

4.1.    Ancient Trading System

The major impact of Industrial Dispute effects the sociology of any country historically.  The Trade relations were the binding factors of expansion of regime and civilisation.  The Wars were meant to create the possibilities of the Trades than creating imperialism.  The expansion of the regimes was in the way of wars and political strategies to have impact on economy and monetary policies of the rulers on the other smaller regime.  The presence, in particular, of pottery and precious goods such as gold, copper, and ivory, found far from their place of production, attests to the exchange network which existed between Egypt, Asia Minor, the Greek mainland, and islands such as Crete, Cyprus, and the Cyclades. Trade lessened and perhaps almost disappeared when these civilizations declined, and during the so-called Dark Ages from the 11th to 8th centuries BCE international trade in the Mediterranean was principally carried out by the Phoenicians.[121]  Cultural expansion through trade, governance through currency and administration through tax were the methodology of the imperialism.

Historically, traders were the occupation of exchange of surplus and introduction of new products to its consumers preferably to aristocrats. Trading was also influenced by socio-political factors. They also brought surplus bullion as profit and made them another class besides aristocracy. The traders further became the money lenders due to the surplus. The surplus with traders challenged the dominance of aristocrats that were controlling the population through basic needs and also claiming the lands as mortgage.  The earliest written sources of Homer and Hesiod attest to the existence of trade (emporia) and merchants (emporoi) from the 8th century BCE, although they often present the activity as unsuitable for the ruling and landed aristocracy. Nevertheless, international trade grew from 750 BCE, and contacts spread across the Mediterranean driven by social and political factors such as population movements, colonisation (especially in Magna Graecia), inter-state alliances, the spread of coinage, the gradual standardisation of measurements, warfare, and safer seas following the determination to eradicate piracy.[122]  Thus surplus became the major course for discourse.  To protect the trade interest and piracy in the trade route, the segment of army dedicated or hired by them.  Thus, money became the exchange value to the occupation of services, which has no direct productivity.  It became the overhead of the trading business.  Money ruled the society other than the landholding or feudal of slaves.

The circulation of Coins or currency of any regime represent its expansion in term of trade.  The value of coin indicates the dominance of the regime in the region.  The fall of currency is also an indicator the shrinking of the trade and control of the regime in the region. The silver coinage of Guptas starts with the overthrow of the Western Satraps by Chandragupta II. Kumaragupta and Skandagupta continued with the old type of coins (the Garuda and the Peacock types) and also introduced some other new types. The copper coinage was mostly confined to the era of Chandragupta II and was more original in design. Eight out of the nine types known to have been struck by him have a figure of Garuda and the name of the King on it. The gradual deterioration in design and execution of the gold coins and the disappearance of silver money, bear ample evidence to their curtailed territory. The percentage of gold in Indian coins under the reign of Gupta rulers showed a steady financial decline over the centuries as it decreases from 90% pure gold under Chandragupta I (319-335) to a mere 75-80% under Skandagupta (467).[123] The value of coin is based on the universal standard and gold remained the metal that has the tedious labour.  In China, gold coins were first standardized during the Qin dynasty (221-207 BCE). After the fall of the Qin dynasty, the Han emperors added two other legal tenders: silver coins and "deerskin notes", a predecessor of paper currency which was a Chinese invention.[124] Thus, the circulation of currency is the dominance of the regime in the region. 

In the present context, US Dollars and its circulation over the world indicates it territory of governance. The channel of the circulation of US Dollars could be trade, bilateral and multilateral strategic ties, etc. The International Monetary Fund and the World Bank is controlling the World through the monetary policies and the conditional aid for infrastructural development. The Special Drawing Rights, i.e. SDR to five currencies, i.e. US Dollar, Pounds Sterling, Japan Yen, Euro for western European countries and Chinese Yuan. They create industrial corridor of trade. This makes a currency feudalism, where the periphery countries become dependent on the exchange value.

The quota system for the member countries as monetary policy of IMF through SDR creates currency feudalism. This makes a network of exchange and open up various other channels of flow of currency. This influence the dominance on other currencies of these reserved currency in the trade policies and its exchange value. Most of the time the trade become comparative or barter and squeeze the flow of money in the sovereign countries. To compensate the licit flow of currency, there are many methodology that extort currency from the society. The impact of feudalism of currency affect the sociology of any country, which is termed as organised crime.

The children in the society are the most vulnerable since they are engaged in various form of crime used by the Criminal syndicates, such as begging mafia. Begging mafia is the most potent tool of collection of cash money. The child's abduction and run away children are the form of destitution for children. Though there are many NGOs that work for children's welfare, the channel of fund from the international community is the main motivation for opening in the name of children's welfare. The children are further get exploited for the sex traffickers or child pornography. Even there are so many welfare policies for children, but there is no control over begging mafia since it is cash collection centre and an organised syndicate under political patronage.

The deserted or destitute children are the symbolic of the shattered society. The broken marriage or the neglected children at home makes the children into the trap of traffickers. Further they become a hand tool of the crimes from small to heinous crime. The crime by children get the immunity as juvenile and has less punishment in comparative crime done by adult. Further, it is easy to kill children once their purpose of crime is over since they are abundant.

Similar things happen to women. Lack of flow of currency makes women as 'perk' to facilitate bribe to the government institutions to get the work done. This open a huge network and channel of pimps to which mainly men do get engaged since they use their coercive measures to control women as they are physically vulnerable. The process engaged is called violence against women, whether in domestic sphere or society or at workplace. This brings apathy to the condition of women even though there are many policies by the government that empowers women. However, these programs are merely towards engaging in repairing the social disorder. This however, does not address the actual crisis.

The narrow channel of the flow of currency enable cash hoardings.  This further gets into black-marketing of ‘money’.  Though the traders are the dealers of the cash dealing thus, they become the fortified through community welfare and protect the leakage or further channel of the currency.  This makes them powerful and control the system.

Lack of flow of cash, brings the Industries into credit system which leads to close down to most of small scale industries where the wages are given by cash. This makes a large part of economy to collapse and thus, bring unemployment. Further, multi-national companies took over indigenous business house through collaboration of technology know-how and investment. This did get foreign reserves to exchange, but destroyed the indigenous economy, internal skills and workforce.

The theory of scarcity proliferate the theory of coercion. The scarcity of the 'money' create the coercion of power and violence. The extortion in various forms become a system towards the sustainability of life. This coercion is mutely accepted since they feel the scarcity that is created by the International Monetary Fund cannot be erased or balanced.

4.2.   The sociology of Law and Industrial Dispute

The legal complication of the Justice system is that the Courts are the governing bodies. The Courts are not the Justice System. They are the mere the administrative bodies. The conflict comes with the aspiration of Justice and the Judgment or Order of the Court gets contradicted. This is mainly because the Law that is framed does not origin from the Sociology of Law. The 1980s were also a fruitful time for empirical sociology of law in Britain, mainly because Donald Harris deliberately set out to create the conditions for a fruitful exchange between lawyers and sociologists at the University of Oxford Centre for Socio-Legal Studies. He was fortunate enough to recruit a number of young and talented social scientists, including J. Maxwell Atkinson and Robert Dingwall who were interested in ethnomethodology, conversation analysis, and the sociology of the professions[125] In the absence of the collective approach of sociology towards formulating of Law make the Law coercive and generally get distracted.

In a multicultural society with the colonial as historical heritage has legal pluralism.  There are customary laws and the secular laws.  Legal pluralism is the existence of multiple legal systems within one (human) population and/or geographic area. Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more traditional legal systems (customary law). Legal pluralism also occurs when different laws govern different groups within a country. For example, in India and Tanzania, there are special Islamic courts that address concerns in Muslim communities by following Islamic law principles. Secular courts deal with the issues of other communities.[126]  Customary Laws protect the interest of the communities, whereas, secular law protect the interest of the individuals. This creates dispute between community and individual or communities vs. communities. In the Indian context, the Khap Panchayat, a traditional justice system. It is generally viewed that Khap Panchayat curtails the secular law of individual. However, Khap Panchayat protects the larger interest of the community. Corruption and mishandling of Khap Panchayat is as similar as corruption and mishandling of the secular legal system.

The legal pluralism in the western countries where the Law get engaged between ideologies.  The upbringing is an outcome of social dynamism, which is practical and relevant.  Whereas, the Law which based on ideologies has the question of implementation. Since modern Western legal systems can also be pluralistic, it is misleading to discuss legal pluralism only in relation to non-Western legal systems. Legal pluralism may even be found in settings that might initially appear legally homogenous. For example, there are dual ideologies of law within courthouses in the US, as the formal ideology of law as it is written exists alongside the informal ideology of law as it is used. The discussion on the internal and external plurality of legal systems is called sociology of law.[127]  The Sociology of Law is not get along with the social dynamism and evolution of the society.  The artificial or creation of Law often conflict with the social dynamism.  That is why, most of the time, the Law becomes obsolete and outdated which cannot handle the pace of social evolution.  The Pluralism in the Law, i.e. customary and secular is due to the lack of catalyst in framing of a society.

In the present legal system, the Law of Contract is the applicable of any wrongdoings or breach of trust or breach of contract.  Whether it is civil order, political or trade, the contract of agreement is the basic of all jurisdiction.  However, there are other forms of wrongdoing such as tort and organised crime.  The present legal system, i.e. codification of law through Indian Penal Code, do not address the issue of tort and organised crime.  A tort, in common law jurisdiction, is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits a tortious act. It can include the intentional infliction of emotional distress, negligence, financial losses, injuries, invasion of privacy, and many other things.[128]  Tort is a social behaviour, such as bullying. Bullying does not come under Law of Contract and that is the reason, there is no codification to address 'bullying'. The variation in bullying can create a serious criminal offence that need to be addressed properly. In Tort, there is no need of legal representation or do not need to be imprisonment as punishment. Tort can be handled through various other forms of punishment such as financial compensation, etc. However, in the Law of Contract, there is a representation of Lawyers to defend their case, whereas, in Tort the accused can defend itself towards its intention of action. Due to absence of Tort Laws, there are many criminal intention and unintentional torts are not addressed. This brings a social disorder through unchecked wrong social behaviour.

The delay in the justice delivery system is mainly the litigation process. In the present Criminal Justice system, process goes from investigation, prosecution, defence based on evidence and on the basis of merit of the finding the Judgment is delivered. Besides making the process lengthy, the overhead of the litigation process become expensive and most of the time, the process breaks and justice is not delivered.

In the Parallel Construction, the Judiciary becomes the part of the investigation and the intermediary process is deleted.  This curtail the justice expenses and shorten the length of the process of justice. Parallel construction is a law enforcement process of building a parallel, or separate, evidentiary basis for a criminal investigation in order to conceal how an investigation actually began.[129]  Right to defence for the accused becomes a part of investigation process.  Parallel Construction can play a crucial role that can create focused Criminal Justice Administration.  Judiciary is part of Administration.

Another aspect of flaw in the Justice system, the credential of recruitment for Judges.  The profession of Lawyers and Judges are different.  Lawyers are partisan and Judges are non-partisan.  The 25% of Reservation for Lawyers to be the judge is against the structure of Justice System.  Judges are the Administrative body, whereas, Lawyers are representative.  When 25% of the jobs of Judges are taken over by the Lawyers, the Judiciary becomes pluralist occupation.

4.2.1.          The coercion of Law

One of the potent questions of the Industrial dispute is, who benefits from the dispute?  Two parties fighting and the third party benefiting out of it.  The creation of Law is the actual source of dispute, whether it is in a national jurisdiction or in the international relations.

The Law that is created through the parliamentary process is different from the regulation.  Regulation is a directive measures by the authority to bring in procedure, whereas Law is a statement of the proposed behaviour to be followed.  The Law when comes from the parliament means a social endorsement through their representatives in the parliament.  The Law is generally coercive because the parliament functions on the majority and not inclusive.

The majority of the representative in the Parliament are the Law Officers practicing Law in the Courts.  The Bar Council of India, which is the statutory institution is controlling the Judiciary and Parliament.  The benefit of the disputes goes to the Lawyers since they are the third party.  There is a complete syndicate that operates from the family disputes, property disputes, trade and international relations to which it takes a legal course.  Creation of Laws means more litigation process, engaging the Law officers and also a disputed zones.  The creation of evidence towards defence or prosecution further creating more disputes and engage more litigation.  Thus, it makes a network of litigation to resolve a created disputes and engage people in the trap of litigation process.  The employment of lawyers survive on the creation of disputes. The archaic laws that fill up the statute books, faulty or vague drafting of laws and their multiple interpretations by various courts are also reasons for prolonged litigation. Some of these laws date back to 1880s. Somebody wants to do something, he is shown a law drafted in the last century and told to stop doing it.[130]  Stagnation of the old age law and no reformation indicates that there is no such initiative in the Parliament and Judiciary to create a relevant Laws based on sociology.

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.

Conclusion

The crux of Industrial dispute is the monetary policy of the world system. In the absence of the concrete study on wages that could accommodate skilled and unskilled occupation is the main reason for industrial disputes. Historically, slavery through coercion was due to binding the workforce since it was not based on wage policies. Gradually, when there were flowing of money, then the theory of wages evolved. Otherwise, the society were mainly a commune.

During the Industrial transformation of economy, money flowed from feudal lords to traders and then to the industrial workers. This remained a large segment of the society neglected and remained 'have-not', i.e. of purchasing power or money. The theory of class war erupt because there was no discourse on the monetary policy so that all the section of the society could be accommodated.

In the International Trading, gold remained the standard of currency value. Thus, more gold deposits, more purchasing power. Having purchasing power makes strength of capital and source of investment. This made a war on collection of bullion to have more purchasing power. The value of 'Human skills' remained ignored since it could be acquired through coercion and tool of coercion could be bought or hired. This paved the way on contractual violence, a new economy against the human skills. This created a strong structure of International syndicate of crimes that seizes skills, wealth and money from the civility.

The most vulnerable section of the society are the children who are abused systematically through broken marriages, abduction and run-away due to domestic violence.  They are trapped by the begging mafia, hazardous industries and criminal syndicate by juveniles.  Child labour is the most vulnerable since they need to feed themselves and their families.

Similarly, women are equally vulnerable due to sex slavery.  They are treated as perks to the establishment.  They are used as bribes.  To push women into sex-slavery, they are trafficked through abduction in lure of jobs from the remote region and/or through coercive in the domestic sphere to get into the chattel system.  Broken marriages brings them into lease the slavery.

Men lose their skill and become pimp or contractors to facilitate the parallel economy based on crimes of violence, drugs, trafficking, abduction and others.  Thus, a large portion of the society, i.e. men, women and children become slaves of the syndicates.

When one wrong policy or stale policy, i.e. monetary policy is the base of Industrial relations, then the whole system goes wrong.  The structure stood on the wrong or inadequate monetary policies has created the world system as major Industrial Dispute.  These disputes are further exploited by the Legal machinery.  Exploitation is the basic trend in the legal machinery in the name of Justice.

The actual industrial dispute is between people and the System.  The present system is anti-people and subjugate and enslave people by the System that challenges civility and progress with peace.  This flourishes immorality in the society and the system.

Recommendation

Ø  A study is required on the monetary policies that will balance the currency sovereignty along with International trading system.

Ø  Crypto currency is gradually intruding the legal system and theft of exchange.  There is a need to study how, crypto-currency are being legitimise by various non-state actors.

Ø  The dispute is benefitting the Legal fraternity.  There is a need to have a thorough study how we can do legal reforms that it does not become coercion and push the people into the penal or lease slavery.

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[1] https://en.wikipedia.org/wiki/Industrial_Disputes_Act,_1947

[2] http://origins.osu.edu/article/karl-marx-karl-rove-class-warfare-american-politics

[3] Ibid

[4] https://sharmilabosestatesocietyrelations.blogspot.com/2009/06/macro-micro-theory.html

[5] https://www.worldwidejournals.com/indian-journal-of-applied-research-(IJAR)/special_issues_pdf/April_2016_1461058878__14.pdf

[6] Ibid

[7] https://en.wikipedia.org/wiki/Informal_economy

[8] https://www.news.com.au/national/breaking-news/abetz-urges-cfmeu-to-act-on-corruption/news-story/eff32f4921ae07f1ace7b77b694bbbb6

[9] https://in.makers.yahoo.com/women-labourers-unorganised-sector-india-economic-growth

[10] https://en.wikipedia.org/wiki/Slavery#Chattel_slavery

[11] https://en.wikipedia.org/wiki/History_of_unfree_labor_in_the_United_States

[12] ibid

[13] https://en.wikipedia.org/wiki/History_of_unfree_labor_in_the_United_States

[14] https://en.wikipedia.org/wiki/Peon

[15] https://en.wikipedia.org/wiki/Debt_bondage

[16] https://en.wikipedia.org/wiki/Penal_labour

[17] https://en.wikipedia.org/wiki/Convict_leasing

[18] https://en.wikipedia.org/wiki/Truck_wages

[19] ibid

[20] https://fraser.stlouisfed.org/title/history-wages-united-states-colonial-times-1928-4126

[21] ibid

[22] https://www.britannica.comt/topic/slavery-sociology/Laws-of-manumission

[23] https://www.britannica.com/topic/slavery-sociology/The-law-of-slavery#ref24162

[24] ibid

[25] https://www.britannica.com/topic/slavery-sociology/The-law-of-slavery#ref24162

[26] http://factsanddetails.com/world/cat56/sub363/entry-6082.html#chapter-3

[27] ibid

[28] http://totallyhistory.com/slavery

[29] https://www.britannica.com/topic/slavery-sociology/The-law-of-slavery

[30] https://en.wikipedia.org/wiki/19th_century

[31] https://www.britannica.com/topic/slavery-sociology/Slave-protest

[32] https://en.wikipedia.org/wiki/Trade_union

[33] https://en.wikipedia.org/wiki/History_of_trade_unions_in_the_United_Kingdom

[34] https://en.wikipedia.org/wiki/Trade_union

[35] https://byjus.com/free-ias-prep/ncert-notes-government-of-india-act-1919/

[36] https://medium.com/nyaaya/history-of-minimum-wages-legislation-looking-at-india-and-the-code-on-wages-536b016739b1

[37] https://nzhistory.govt.nz/strikes-outlawed-the-industrial-conciliation-and-arbitration-act-passes-into-law

[38] ibid

[39] https://www.marxists.org/history/erol/ncm-8/ol-tu/politics.htm

[40] https://www.marxists.org/archive/murphy-jt/1936/xx/tradeunions_and_socialism.htm

[41] https://en.wikipedia.org/wiki/Labour_Party_(UK)

[42] https://en.wikipedia.org/wiki/New_Zealand

[43] https://www.britannica.com/topic/Labour-Party-political-party

[44] https://en.wikipedia.org/wiki/Eurocommunism

[45] https://en.wikipedia.org/wiki/Antonio_Gramsci

[46] https://en.wikipedia.org/wiki/Communist_party

[47] https://www.investopedia.com/articles/investing/021716/why-ussr-collapsed-economically.asp

[48] https://ww2db.com/country/Russia

[49] Ibid

[50] https://www.bing.com/search?q=origin+of+central+bank&go=Search&qs=ds&form=QBRE

[51] https://www.investopedia.com/terms/b/bullion.asp

[52] https://en.wikipedia.org/wiki/Gold_standard

[53] https://www.investopedia.com/ask/answers/100314/whats-difference-between-monetary-policy-and-fiscal-policy.asp

[54] https://www.bankofengland.co.uk/knowledgebank/how-is-money-created

[55] https://en.wikipedia.org/wiki/Government_debt

[56] https://en.wikipedia.org/wiki/Currency

[57] https://thewire.in/trade/dollar-currency-trade

[58] https://www.investopedia.com/terms/c/cryptocurrency.asp

[59] https://in.reuters.com/article/us-usa-crime-abramoff-idINKBN23W39C

[60] https://www.lawteacher.net/free-law-essays/international-law/cryptocurrency-international-trade-law-7251.php

[61] https://www.techopedia.com/definition/1770/cryptography

[62] https://en.wikipedia.org/wiki/Counterfeit_money

[63] https://mythfighter.com/2010/08/13/monetarily-sovereign-the-key-to-understanding-economics/ 

[64] https://thewire.in/trade/dollar-currency-trade

[65] ibid

[66] https://www.sharetipsinfo.com/economy-stock-market

[67] https://www.theguardian.com/business/2020/jun/25/global-stock-market-rally-is-a-gamble-imf-warns-investors

[68] https://en.wikipedia.org/wiki/Mutual_fund

[69] https://www.imf.org/en/About/Factsheets/Sheets/2016/08/01/14/51/Special-Drawing-Right-SDR

[70] https://en.wikipedia.org/wiki/World_Bank_Group

[71] https://en.wikipedia.org/wiki/World_Bank_Group

[72] https://en.wikipedia.org/wiki/Bretton_Woods_system

[73] https://timesofindia.indiatimes.com/business/faqs/gold-faqs/why-is-gold-a-precious-metal

[74] Morris, R Trade Unions and Globalization - A Caribbean Workers’ Education Guide Port of Spain, International Labour Office, 2002

[75] Ibid

[76] https://en.wikipedia.org/wiki/Chao_pho

[77] ibid

[78] ibid

[79] https://www.britannica.com/topic/trade-union

[80] Morris, R Trade Unions and Globalization - A Caribbean Workers’ Education Guide Port of Spain, International Labour Office, 2002

[81] https://www.britannica.com/topic/trade-union

[82] Morris, R Trade Unions and Globalization - A Caribbean Workers’ Education Guide Port of Spain, International Labour Office, 2002

[83] ibid

[84] https://www.mbaknol.com/human-resource-management/perspectives-on-industrial-relations/

[85] https://www.britannica.com/topic/proletariat

[86] https://www.insightsonindia.com/2019/07/17/rstv-the-big-picture-fighting-naxalism/

[87] ibid

[88] https://www.vifindia.org/article/2019/july/03/severity-of-economic-impact-of-the-maoist-movement

[89] ibid

[90]https://en.wikipedia.org/wiki/International_Conference_of_MarxistLeninist_Parties_and_Organizations_(International_Newsletter)

[91]https://en.wikipedia.org/wiki/Marxist%E2%80%93Leninist_Communist_Organization Proletarian_Way

[92] ibid

[93] ibid

[94] https://en.wikipedia.org/wiki/1995_strikes_in_France

[95] https://en.wikipedia.org/wiki/MarxistLeninist_Party_of_Germany

[96] https://en.wikipedia.org/wiki/Industrial_espionage

[97] Ibid

[98] https://www.akdn.org/where-we-work/europe/germany

[99] ibid

[100] https://blockgeeks.com/guides/what-is-blockchain-technology/

[101] https://coinlist.me/countries/usa/

[102] https://coinlist.me/wp-content/uploads/2017/12/CFDs-USA.jpg

[103] https://en.wikipedia.org/wiki/Bitcoin

[104] https://en.wikipedia.org/wiki/Patent#Criticism

[105] https://en.wikipedia.org/wiki/Patent#Criticism

[106] https://www.legalmatch.com/law-library/article/types-of-intellectual-property-disputes.html

[107] ibid

[108] Ibid

[109] https://www.legalmatch.com/law-library/article/what-is-intellectual-property-theft

[110] https://www.legalmatch.com/law-library/article/intellectual-property-fraud.html

[111] https://en.wikipedia.org/wiki/Patent_troll

[112] https://www.justia.com/intellectual-property/patents/international-patent-protection/

[113] https://en.wikipedia.org/wiki/Counterfeit

[114] ibid

[115] ibid

[116] ibid

[117] Ibid

[118] https://www.who.int/bulletin/volumes/88/4/10-020410/en/

[119] https://en.wikipedia.org/wiki/Counterfeit_money

[120] ibid

[121] https://www.ancient.eu/article/115/trade-in-ancient-greece

[122] Ibid

[123] https://en.wikipedia.org/wiki/Coinage_of_India#Gupta_Empire_(320_CE_%E2%80%93_480_CE)

[124] https://www.ancient.eu/coinage

[125] https://en.wikipedia.org/wiki/Sociology_of_law

[126] https://en.wikipedia.org/wiki/Legal_pluralism

[127] Ibid

[128] https://en.wikipedia.org/wiki/Tort

[129] https://en.wikipedia.org/wiki/Parallel_construction

[130] https://www.clearias.com/pending-cases-in-indian-courts/