Distinction Between a ‘Contract of Service’ and a ‘Contract for Service’

By Advocate Vikrant Pratap Singh Rajawat

There is a distinction between a ‘contract of service’ and a `contract for service’. A `contract for service’ implies a contract whereby one party undertakes to render service e.g. professional or technical service, to or for another in the performance of which he is not subject to detailed direction and control and exercises professional or technical skill and uses his own knowledge and discretion, whereas a `contract of service’ implies relationship of master and servant and involves an obligation to obey orders in the work to be performed and as to its mode and manner of performance. A contract of service is excluded for consideration from the ambit of definition of `service’ in the CP Act, whereas a contract for service is included.

Court
Supreme Court Of India
Appellant
Kishore Lal
Respondent
Chairman, Employees State Insurance Corporation
judge name
Bench: B.N. Agrawal, P.P. Naolekar, Dalveer Bhandari
Case_no
CASE NO.: Appeal (civil) 4965 of 2000
Dated
2007-05-08

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