There have been a controversies on the terms " Contract For Service" and " Contract Of Service". There are lot of ambiguities in the construction of contracts. The Apex Court of India, in Sushilaben Indravadan Gandhi Vs New India Insurance Company Limited, has given some interpretations about it and tried to define a workman and what differentiates contract of service from contract for service. The recent Madras High Court judgment also has referred the above case. In this case, the EMKO KCP has appoint some third party agents to boost their sales for a consideration. The ESI Corporation demanded ESI contribution on this amount saying that this amounts to 'wages'. But actually this is not merely wages but it is the fee for their services which could obviously include sales promotion activities by their employees. The court observed that the amount paid is purely service charges and not wages.
In the present case also the service of lifting the goods/ stacking the same etc using the machines, tools, equipment and men of an outside agency is what is 'purchased' by the factory owners. For them, whoever is engaged to do the work is immaterial, it is immaterial how many are engaged also. What is material? Only the tons of goods loaded or stacked. It between there exists no supervision by the factory managers, no control over the machines and equipment by the factory people, but everything is taken care of by the agency who undertakes the work. He is certainly an independent contractor who takes a contract for service and to accomplish the same, engages his workmen and his machinery.
in respect of independent contractors there are a number of verdicts that master servant relationship will not be present. The Hassan Cooperative Milk Society's case is an example in support that in respect of a Contract For (transportation of milk from the factory to different outlets) Service, no employee employer relationship exists. This case is very similar to the one in our discussion.
I am attaching a scanned copy of the Madras High Court judgment.