Supreme Court Holds State Government Cannot Delegate Power to Refer Disputes Under Section 17(2) of Working Journalists Act

Case Snapshot

Case Name: Sudhir & Ors. v. Head of Human Resource, Dainik Bhaskar Group & Ors

Citation: 2026 INSC 834

Bench: Justice Dipankar Datta and Justice Sheel Nagu

Date of Judgment: August 11, 2026

Area of Law: Labour Law, Working Journalists Act, Delegation of Powers

The Judgment in One Line

State Government's delegation of its power under Section 17(2) of the Working Journalists Act to subordinate authorities is impermissible; however, Article 142 saves pending proceedings.

Why This Judgment Matters

This landmark judgment clarifies the scope of delegation under the Working Journalists Act. The Supreme Court held that while Section 17(1) permits the State Government to delegate its power to issue recovery certificates, Section 17(2)—which empowers the State to refer disputes to Labour Courts—does not allow such delegation. Applying the maxim unius est exclusio alterius (express mention of one excludes the other), the Court ruled that the legislature intentionally omitted delegation in Section 17(2). The judgment protects the sanctity of statutory schemes and prevents dilution of the State's responsibility. However, using Article 142, the Court saved pending proceedings by directing the State Government to ratify references already made.

Background

The Working Journalists Act, 1955 provides for recovery of dues owed to newspaper employees. Section 17(1) allows the State Government or a speci

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