ORDER A.K. Sikri, J.
1. This writ petition has been filed by the workmen against Award dated 2.4.1996 passed by Labour Court-VII in I.D. No. 611/88. They are aggrieved against that part of the Award as per which only compensation is awarded and not reinstatement with full back wages. It is contended that when the termination was held to be illegal, the normal relief of reinstatement with back wages could not have been denied as it was not a case of the Manage- ment that these workers are surplus or the work is not available or the juniors are not retained. I am not convinced with this argument of the petitioners - workmen. it was categorical case of the management that work was not available. Moreover, workmen could not prove in Labour Court, as observed in the impugned award that persons juniors to the petitioners- workmen were retained and the Labour Court held that applicability of Section 25(G) and (H) of the Industrial Disputes Act was not made out by the workmen from the evidence led before it. There is no clear evidence or specific pleadings regarding the applicability of Section 25(G) and (H) and that the termination was held to be illegal only on the ground of violation of Section 25F the Act. Moreover as observed by the Labour Court in the impugned Award, the reasons for denying reinstatement were that more than 9 years had passed since termination of the services of the workmen. The plea of the management is that there was no work and so these daily wages muster roll employees were not provided work w.e.f. 1-12-86. Moreover, these petitioners-workmen were daily wagers. It is now well established law that even if termination is found illegal in appropriate cases the Labour Court can deny relief of reinstatement and award compensation instead. It is the discretion of the Labour Court/Industrial Tribunal which has to be exer- cised in each case depending upon the facts and circumstances of that case. In the present case, I find that discretion has been exercised properly & reasonably which is based on relevant considerations. This writ petition is, therefore, without any merit and is, therefore, dismissed.