Ivory Mica & Minerals Ltd. (IMM) is a mid-sized, publicly traded mining company that mostly works in the country's underdeveloped, mineral-rich eastern area. The company specializes in the extraction and processing o
CS Professional · Labour Laws and Practice · PYQS · June 2026
Ivory Mica & Minerals Ltd. (IMM) is a mid-sized, publicly traded mining company that mostly works in the country's underdeveloped, mineral-rich eastern area. The company specializes in the extraction and processing of low-grade coal and mica, which are highly sought after by the worldwide electronics, energy, and cosmetics industries. IMM has a superb reputation in the stock market. Five years ago, IMM's management implemented an aggressive outsourcing strategy to reduce overhead expenses and increase operational efficiency. IMM reorganized its operations rather than hiring manpower directly. It delegated the actual extraction job to a network of outside labour contractors while keeping a small core staff of engineers and management. The unlicensed primary contractor, "Surya Extractor Contractor Ltd.", oversees the day-to-day mining operations and is compensated at a set fee for each ton of extracted mineral. Surya Extractor further subcontracts the work to unregistered local "gang leaders" (middlemen) in order to preserve their profit margin. These intermediaries hire labourers from underprivileged rural and tribal areas severely impacted by seasonal drought. The middlemen encourage entire families to labour in the mines since they are paid piecemeal (depending on the weight of the harvested minerals). The working environment is appalling. Instead of being official contract labourers, the adult miners are categorized as "daily wage helpers". Mica mining frequently entails "rat-hole" mining, which entails excavating small, dangerous tunnels. The intermediaries highly value children's ability to crawl into these tight shafts because of their diminutive stature. Children under the age of 14 years make up about 30% of the informal workforce. They perform 10-hour shifts in dangerous, dusty surroundings, often even at night. During an unplanned site visit to one of the far-off mines, Stelva, the Manager of IMM, discovers children shifting mica and carrying big loads. He also disclosed the intricate network of subcontracts designed to shield IMM from labour law requirements. Through his interaction with the local workers, Stelva learns that they are trapped in a cycle of debt servitude to the intermediaries. The manager, Stelva, claims that there isn't a single youngster or underpaid employee at the IMM. Our payroll compliance is 100%. In our agreement with the independent business company Surya Extractors, child labour is categorically forbidden. If their contractor and subcontractor violate the law, it is their responsibility of law enforcement. Explain the general prohibition of employing contract labour in certain establishments under Section 57 of The Occupational Safety, Health and Working Conditions Code, 2020. Who can exempt such prohibition under special circumstances ?
Answer & Explanation:
Prohibition of Employment of Contract Labour (Section 57 of Occupational Safety, Health and Working Conditions Code, 2020) The section establishes a general prohibition on employing contract labour in the core activities of an establishment, thereby protecting the integrity of essential operations and ensuring that permanent workers are not displaced. However, it also provides limited exceptions where contract labour may be engaged, and sets out a mechanism for determining whether an activity qualifies as "core." General Prohibition Notwithstanding anything contained in the Part - Contract Labour, employment of contract labour in core activities of any establishment is prohibited. Exceptions It is provided that the principal employer may engage contract labour through a contractor to any core activity, if- the normal functioning of the establishment is such that the activity is ordinarily done through contractor; or the activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods, as the case may be; any sudden increase of volume of work in the core activity which needs to be accomplished in a specified time. Determination of Core Activity The Appropriate Government may, by notification, appoint a designated authority to advise that Government on the question whether any activity of an establishment is a core activity or otherwise; if a question arises as to whether any activity of an establishment is a core activity or otherwise, the aggrieved party may make an application in such form and manner as may be prescribed, to the Appropriate Government for decision; the Appropriate Government may refer any such question suo motu or refer the application to the designated authority, which on the basis of relevant material in its possession, or after making such an enquiry as it deems fit, shall report to the Appropriate Government, within such period and thereafter the Appropriate Government shall decide the question within such period as may be prescribed. Power to Exempt in Special Cases (Section 58 of Occupational Safety, Health and Working Conditions Code, 2020) The Appropriate Government may, in the case of an emergency, direct, by notification, that subject to such conditions and restrictions, if any, and for such period, as may be specified in the notification, all or any of the provisions of this Code or the rules made thereunder shall not apply to any establishment or class of establishments or any class of contractors.
Topics: Occupational Safety, Health and Working Conditions Code, 2020
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