41. On February 23, 1996, the First Chamber of the Labor and Social Welfare Appeals Court ruled that the motion for annulment filed by the Judiciary was inadmissible. 14 42. Subsequently, the state filed an appeal against the previous ruling of the Supreme Court of Justice. 15 Likewise, it was recorded that General Inspectorate consulted the First Chamber to determine whether or not it should proceed with the counting. 16 43. On February 26, 1996, the First Chamber of the Labor and Social Welfare Appeals Court ruled that the counting should be halted until the challenges filed by the state were resolved. 17 2. Holding the strike 44. Between March 19 and April 2, 1996, members of the Judiciary Workers Union held a strike. At that time, the counting remained at a standstill because its legitimacy had not been declared. 18 45. As reported by the petitioners, because of this strike, the Judiciary decided to stop paying the wages of the striking employees, as a result of which they in turn filed a motion for protection on constitutional grounds with the Constitutional Court. 19 46. On April 2, 1996, the Constitutional Court granted a provisional safeguard for the alleged victims and ordered payment of the wages of those employees who went back to work, on the basis of the following terms: V) (…) as a result it must pay the wages pertaining to the month of March 1996 to the Judiciary employees who immediately go back to work and effectively discharge the duties pertaining to their jobs, without detriment to what the competent courts hearing the collective dispute might rule, on the basis of their legal powers, and whose procedures the parties must strictly comply with. 20 47. The state asserted, without providing any document to substantiate it, that the Supreme Court of Justice paid the wages. 21 As for the petitioners, they contended that only five of them received their wages for the corresponding strike days. 22 48. On April 2, 1996, the Civil Chamber of the Supreme Court of Justice ruled that the motion of appeal filed against the February 23, 1996 ruling of the First Chamber of the Labor and Social Welfare Appeals Court was inadmissible. The Court argued as follows: (…) The Court for the case proceeded, pursuant to the provisions of Article 394 of the Labor Code, to order that the General Labor Inspectorate conduct a count of the Judiciary employees supporting the action and those who did not, so as to be in a position to rule on the above-mentioned petition. Because it proceeded as indicated, the lower court aligned its conduct to comply with the law on the matter, and therefore it did not infringe the contents of the constitutional and statutory laws invoked by the appellant, nor was there any breach of the law that would require overturning what had been ruled. (…) It is also deemed that the motions for submitting the collective dispute to arbitration proceedings were filed prematurely because, when carrying out the actions ordered, the Chamber must rule on the Union’s intent and, in Annex 6. February 23, 1996 Ruling of the Chamber of the Labor and Social Welfare Appeals Court. Annex 2 to the brief of February 10, 2005 from the petitioners. 15 Annex 5. Background to the strike. Annex 10 to the brief of March 10, 2008 from the petitioners. 16 Annex 7. February 26, 1996 Ruling of the Chamber of the Labor and Social Welfare Appeals Court. Annex 3 to the brief of February 10, 2005 from the petitioners. 17 Annex 7. February 26, 1996 Ruling of the Labor and Social Welfare Appeals Court. Annex 3 to the brief of February 10, 2005 from the petitioners. 18 Annex 8. April 2, 1996 Decision of the Constitutional Court. Annex 13 to the brief of March 10, 2008 from the petitioners. 19 Annex 8. April 2, 1996 Decision of the Constitutional Court. Annex 13 to the brief of March 10, 2008 from the petitioners. 20 Annex 8. April 2, 1996 Decision of the Constitutional Court. Annex 13 to the brief of March 10, 2008 from the petitioners. 21 Brief of December 11, 2007 from the State. 22 Brief of March 10, 2008 from the petitioners, p. 14. 14 6