LABOUR LAW ASSIGNMENT

Dr. SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERSITY, LUCKNOW

AN ASSIGNMENT

ON

LABOUR LAW

UNDER THE SUPERVISION OF

GUEST FACULTY

SUBMITTED TO SUBMITTED BY

VIPIN SHAH DEVANAND PANDEY

GUEST FACULTY B.COM.LLB (Hons.)
FACULTY OF LAW 9TH SEMESTER (2018-19)
D.S.M.N.R.U D.S.M.N.R.U

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ACKNOWLEDGEMENT

I would like to thank Shah Sir for providing me this opportunity to learn one of the basic
concepts of Law of Alternative Dispute Resolution that is “Legal Status of Registered Trade
Union”.

Here, I would also like to thank my friends and well wishers for helping me out in order to
prepare this assignment.

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TABLE OF CONTENTS

 Introduction………………..............................................................................................5

 Tenure Holder…………..................................................................................................6

 Bhumiswami…………………………............................................................................7

 Conclusion.......……………………………………………………………….………..12

 Bibliography………………………………………………………………………..….13

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INTRODUCTION

"Tenant" means a persons holding land from a Bhumiswami as an occupancy tenant under
Chapter XlV.1

The definition of the word 'tenant' in this clause is exhaustive. The first condition for a person
to be tenant under this clause is that he should hold land from Bhoomiswami. Further, it is
provided that the person holding land from a Bhoomiswami , should hold it as an occupancy
tenant under Chapter XIV .of this-Code.2 A tenant is by the definition a person who holds
land as an occupancy tenant from a Bhumiswami; but the status of a Bhumiswami is
recognized for the first time by the Code and an occupancy tenant from a Bhumiswami would
mean only a person belonging to that class who acquires rights of occupancy tenant after the
Code comes into force. The position of a tenant prior to the date on which the Code was
brought into force does not appear to have been dealt within this definition. The definition
which is specially devised for the purpose of the Code throws no light on the nature of the
right which invests the holder of land with the status of an occupancy tenant at the
commencement of the Code.

"Tenure-holder" means a person who holds land from the State Government and who is or is
deemed to be Bhumiswami under the provisions of this Code.3

The definition of tenure holder under the clause is very simple. A person is called
Bhoomiswami' who holds land from the State Government and is either Bhoomiswami or
deemed to be Bhoomiswami under this Code. For a person who is called 'Bhoomiswami',
provisions of Chapter XII should be looked into. Section 157 says that there will be only one
class of tenure holder and the name given to him is Bhoomiswami.

1
See, S. 2 (l) (y), LAND REVENUE CODE, 1959
2
See, Chapter XIV, LAND REVENUE CODE,1959
3
See, S. 2 (l) (z), LAND REVENUE CODE, 1959

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TENURE HOLDER

Class of Tenure

“There shall be only one class of tenure holders of lands held from the state to be known as
Bhumaswami.”4

By enacting Section 157 of the Code, the Legislature has declared that ownership in all lands
etc. belong to the State Government. But it is not necessary that all such lands are held by the
State Government. This section for the first time says that from the State Government, all
person holding land as tenure holders shall be called bhumiswami, meaning thereby ‘owner
of the land’. Although absolute ownership does not vest in such persons, still leaving aside
the State Government, such persons are owners against everyone else. They are neither
tenants nor Government lessees who are dealt with separately.

Distinction between Bhumiswami rights and tenancy rights

This section states that there shall be only one class of tenure holders of lands held from the
State to be known as Bhumiswami. The distinction between tenure rights and tenancy rights
is real. A Bhumiswami is neither a tenant nor a Government lessee. Ownership as
contemplated under s.57.is also distinguishable from tenure as defmed in section 157 of the
Code.5 A Bhumiswami is neither a tenant nor a Government lessee.

4
See, s. 157, LAND REVENUE CODE, 1959
5
See, Gajrajsingh v. Krishnapalsingh, 2000 RN 403=2001 (1) MPLJ 281 (HC).6 See, Rajaram v Dindayal, 1969
JW 603=1969 RN 294=ILR 1969 MP 0=1971 MPW 172=1969 MPWR 102.

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BHUMISWAMI

“Every person who at the time of coming into force of this Code, belongs to any of the
following classes shall be called a Bhumiswami and shall have all the rights and be subject to
all the liabilities conferred or imposed upon a Bhumiswami by or under this Code.”6

For the first time, the M.P Land Revenue Code, 1959, vide section 157, has called certain
classes of persons 'Bhoomiswami' and has declared that such Bhoomiswamis shall have all
the rights and be subject to all the liabilities conferred or imposed upon a Bhoomiswami by or
under this Code. The provisions of the Code do not apply to evacuee property vested in the
Central Government under the Displaced Persons (Compensation and Rehabilitation) Act,
1954.7

Claim of acquiring Bhumiswami rights

The plaintiff claimed that he was an occupancy tenant and became Bhumiswami on coming
into force of the M.P.Land Revenue Code, 1959. But he could not establish that he was an
occupancy tenant. A person in order to be an occupancy tenant has to be a sub- tenant of a
Khatedar tenant or a grove holder or a sub-tenant or a tenant of Khatedar. Not only this, it
was also found that the land was a 'service' land and it could not be given on lease for a
period exceeding one year. It was held that the plaintiff was not entitled to the benefit of
S.158 of the Code.8

EVOLUTION OF INDUSTRIAL JURISPRUDENCE IN INDIA

The evolution of Industrial Jurisprudence in India can be traced back to the period of post
Independence. Before the Independence, the industrial jurisprudence existed in a rudimentary

6
See, s. 158, LAND REVENUE CODE, 1959
7
See, Atmasingh v. Bhagwandas, 1995 RN 311 (HC).
8
See, Hanumant Singh v. Shafique Ahmed Khan, 1997 (2) MPW 441.

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form. The paramount concern of the Pre-independence industrial jurisprudence was the
amelioration of the working condition of the workers at the factories. There was hardly any
deal with the social justice to the working class. It was only after the commencement of our
Constitution, that the adequate provisions for the social justice to the workers were inserted.

Before the Independence, India was not only a great agricultural country, but also a
manufacturing country. But the British Government, as a matter of their policies always
tended to discourage the Indian industries. This led to a widespread nationalism in India,
which laid emphasis on the boycott of the foreign goods. Further a non-cooperation
movement saw its birth that is also called swadeshi movement, which emphasized on the use
of indigenous goods and boycott of the foreign goods.

The aspect of industrialization in India was based on the program of planning, which was
accepted after thirties.

It is important to take into consideration that the plantation industry of Assam was the first to
attract the industrial legislation. The situation there was that the employers exercised hard
practices against the employees. The employees were not allowed to leave the tea gardens. A
number of Acts were passed from 1863 onward, but they only protected the interests of the
employers. Some other Acts were also passed to regulate the condition. But the Workmen’s
Compensation Act, 1923 was the landmark Act.

INDIAN CONSTITUTION AND SOCIAL JUSTICE

Industrial Jurisprudence was not in a much developed form before the commencement of the
Constitution of India. Before the Independence, the paramount concern of the Government

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was to ameliorate the condition of the factory workers. It was after the commencement of the
Constitution that the paramount concern of the Government shifted towards the social justice
for the labourers, who constituted the bulk of the population.

Bhagwati J., in a landmark case opined that concept of justice does not emanate from
the fanciful notions of any particular adjudication but must be founded on a more solid
foundation9. Justice Gajendragadkar opined that “the concept of social and economic justice
is a living concept of revolutionary import; it gives sustenance to the rule of law and meaning
and significance to the idea of welfare state”10.

The Indian Constitution also enshrines the idea of social justice as one of the
objectives of the State. Some of those provisions are as follows:

1. The State shall strive to promote the welfare of the people by securing and protecting
as effectively as it may a social order in which justice, social, economic and political,
shall inform all the institutions of the national life11.
2. The State shall, in particular, strive to minimise the inequalities in income, and
endeavour to eliminate inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people residing in different areas or
engaged in different vocations12.
3. The State shall, in particular, direct its policy towards securing13 -
a. that the citizen, men and women equally, have the right to an adequate means
of livelihood;
b. that the ownership and control of the material resources of the community are
so distributed as best to sub serve the common good;
c. that the operation of the economic system does not result in the concentration
of wealth and means of production to the common detriment;
d. that there is equal pay for equal work for both men and women;
e. that the health and strength of workers, men and women, and the tender age
of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength;

9
Muir Mills Ltd. v. Suti Mill Mazdoor Union, (1955 1 LJJ 1 (SC).
10
State of Mysore v. Workers of Gold Mines, AIR 1958 SC 923.
11
Art. 38 of the Indian Constitution.
12
Art. 38 of the Indian Constitution.
13
Art. 39 of the Indian Constitution.

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f. that children are given opportunities and facilities to develop in a healthy

manner and in conditions of freedom and dignity and that childhood and
youth are protected against exploitation and against moral and material
abandonment.

CONCLUSION

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The industrial position that prevailed in the pre-independence era of India does not remain
pristine. The industrial revolution in India brought with it certain inhumane as well as unjust
aspects of the colonial era. To cope with these problems, industrial legislations were enacted
in India. To keep pace with the changing socio-economic conditions in India, the Legislature
as well as the Courts had to check the unfavourable growth of the industrial legislations.

Industrial legislation finds its origin from the industrial jurisprudence, which is a
development of the 20th century world. In India, industrial jurisprudence prevailed before the
Independence, but it was in the rudimentary form. Industrial revolution was the emanating
factor behind the growth of the industrial jurisprudence. Industrial revolution brought with it
the most inhumane aspect of the human life. It saw the exploitation of a man by a man. The
maximization of profit, even at the cost of the life of the labourers, was paramount goal of the
employer. ‘Freedom of contract’ was the evident result of the laissez faire. The employer was
free to fire the employee, at his arbitrariness. Thus the employees were always at the loss.

BIBLIOGRAPHY

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Primary Source

1. The Constitution of India, 1950

Secondary Sources

1. Mishra, S N, Labour and Industrial Laws, 24th ed., 2008, Central Law Agency, Allahabad.
2. Pai, G B, Labour Law in India, Vol.1, 2001, Butterworths India.
3. Srivastav, Suresh C., Labour Law and Labour Relations, 3rd edn, 2007, Indian Law Institute,
New Delhi.

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