A bench of Justices Sanjay Karol and A.G. Masih set aside a Bombay High Court judgment which had upheld an NCSC direction requiring the Mumbai Port Authority to implement promotion-related directions and pay arrears to a Scheduled Caste employee within 30 days. Aggrieved by the demotion, the employee approached the NCSC, which directed the Mumbai Port Authority to strictly adhere to reservation guidelines, grant promotions in accordance with reservation rules, implement its directions and pay arrears within 30 days. The Mumbai Port Authority challenged the order, contending that the Commission lacked constitutional authority to issue binding directions beyond the functions enumerated under Article 338(5). While the Bombay High Court upheld the NCSC's action, the Supreme Court disagreed. Setting aside the Bombay High Court judgment, it declared that the NCSC's direction requiring payment of arrears was "contrary to the provisions of the Constitution and as such non-est in law".