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Central India Law Quarterly
Our Industrial Jurisprudence
OUR INDUSTRIAL JURISPRUDENCE -Justice Gulab G upta, LL. M.(Yale), Judge, High Court of Madhya Pradesh, Jabalpur (published by the Central lndia Law Institute, ~abalpup and markettzd by the M. P. fR1,w House, Ghantaghar, Jabalgnr. Price Rs. 701-Paperback and Rs. 801- Hardcover, Pages 372$46) I , The book, written by a sitting Judge of ihe Higb Court and based on his knowledge and experiences as a lawyer, trade wion activist and the judge contains an incisive and penetrating analysis OF basic postulates and important conceRts of our industrial law in their historical, social and legalperspectives. The book is divided into two parts. The first part deals with historical perspective and jural bases of our industrial law and shows that though the progressive ~ n & h Law was traaspo~tedinlo India, its reformative aspect did not reach this land. According td the author, 4progiessivisrnat h6me and colonialism abroad' was the declared English poliey during 19th century and their Parliament and Idw courts performed bdth these functions with ease and stuprising agility. Sccial justice, the author writes, is the basic postulate of our industrial laws and all other 0~1cepts have developed with its aid in a manner as to'give expression to it. Social justice, forming part @f &St part of the b o k has been dealt with not only as a philosophical Concept, but also as an ideal of Indian polity and a method of interpretation,of laws. The .sec~nd of the book part oeals with some importgnt concepts like Workmen, Wages, D. A., Bonus, Retrenchment, Industry and Industrial, Discipline, which have been examined with a view to ascertain how far their development is in accor- dance with the concept of social justice. The author has, in the last chapter of the book, given his own reappraisal of the law and has made several useful recoarmendtitions. The book, on the whole, bears the stamp o his deep knowledge, incisive thinking and balanced approach O the f n subject and would be found useful by judits, lawyefs, labour leaders anh industrialists alike. Social Justice, according to the author, is the signature-tune of our Constitution and this note is nowhere more vibrant thanin our industrial jurisprudence. Examining the concept in its bistorical pe~spee- tive, the author feels that Aristotle's classification of tbe principle was most suited to our industrial law. .kcording to him, social justice in industrial field must be (i) distributive, as well as (ii) corrective. While distributive social justice secures decent wages and working conditions, corrective aspect of social justice and laying down the law that promotes indiscipline in the iudustry. the correctjvp social justice forms basis of law of discipline and-ensures peace and productivity. The law in relation to wages, etc. is more favourably i?~lin&towardsbl+&our prpmotes t4d5 development aloqg and with the development af societj,as a whole. Laying stress on the principle of ~jndustry-cum-reelon' and 'capacity of the' industry', the author &ncludes thit they proyide fie ,pecessary ' liok between the industrial l a y and social justice. The author, for this ?(;ason,feels disturbed by collectiy,~ agreements grant& hi&er,ben@ts at, the cost of consumers, in establish- ments rudn$g in losses aqd r e q k s that this trend must be halted. T h e Autnor's apalysis of social justicq is exhaustiye and fupctions not ~ n l y B as jurisprudeatial kmwpt, but hlso as> judicial norm an$ ideal of the int& pktative process. The judicial process, according to the author has fav~uretj distributive bxiql justiq a i d iDn&d correcti;; aspcct thereof, as a r e s i t of w&:h productivity of our workers has wmiuned static inspite of their ever hcreasing wages and other benefits. The process, author feels, is. counter productive and bencfits no one in the cqntext of rising prices. Author's comment that ~emoyalp an iqdisciplined ,worker from the f induA;ry in qur present s o d l and ihdustrial context, must be treatqlgs futiheriw thq%caysg social jugtie, must. interest our enployers,,, of feels t&t in a 'country whaq 1gqq n - up pf educated and deserving &rsons are await'ind th+r tgrn f a &nployment. swial justice demands rigorous edor&meit of discipline and rym&ing indi$ciplinrd aorkcn, iq t h i ~ . ~ m c eonli a iood ~o@iman ss will feplace a bad workman tenefiting the industry and the society. This is,indekd the correct, appr~ach and ope must appreciat~ thU while disp@ng ' &stice,, is the exacting job of a sitting jud& the pulsating h u r t of S b i ~ u s t / $qupta for s ~ i a justice is l re5kted in this thought provokjng work throwing flood light o~,legislatjcqs and decisions achieving or failipg to acqeve the cherished goal in the field. The author qust be 9ongyatulabed for so boldly stating the idea for appreciation by all. The author's analysis of social justice as a 'Judicial norm' and as an 'i to LtetpreWtion' is also intertW:idg and brings out, perhaps for Ad the first time, these'slbpeots by a process of reasoning supported by authoritative dkoisions 05 OUF So Cow% Since these ha\ e the t ffett w of Wg law ahd the jurisprudence pomty-oriellted and development h conscious, the study must be treated not only thought provoking but also original. 1 ~ustice u p o ' mrlysis of collective bargainipe is also interesting ~ s and ihought-provdkind. According to him, cdlMive barqining is 9 capitalistic concept and is not s&d ia a weifkre state like India. In this process, . benefits are abtained 'by- qQe,er. strength of nuqber without cony - . -