Judgment

JAGANMOHAN REDDY, J.:- The Hindustan Motors Ltd. hosted a cocktail pary on November 24, 1969, for about fifty or sixty member in the small Banquet Room of the Oberoi Grand Hotel at Calcutta. Janab Suleman one of the workmen employed as Bar Cooly by the Hotel was deputed to look after the work of Barman to attend on the party. At about 9-35 P.M. it appears one B. S. Sethi of the Hindustan Motors Ltd. one of the hosts of the party found the workman concerned pouring whisky bottle into an empty gingerale bottle. Sethi asked him as to why he was pouring the whisky into the gingerale bottle, whereupon the workman started pouring down the whisky into the tub for cooling sodas. When he poured half the bottle into the tub, Sethi took the bottle in his hand and called one Pyare Lal Steward who was on duty and complained to him. Even as he was complaining the respondent workman took the bottle from Sethi in the presence of Pyare Lal and started pouring down the contents again into the tub. One seeing this Sethi was annoyed and asked Pyare Lal to call the Manager. As the Manager Mital was not to be found, Pyare Lal called Agarwal who came there accompanied by Bakshi. Sethi then inform