-75Constitucional (Constitutional Court) declared there were grounds to file the writ and held “Agreement-in-Council No. 036 of June 28, 1996 inapplicable, ordering the reinstatement of the workers who have not collected their social benefits.”139 The Tribunal Constitucional (Constitutional Court) pointed out that: Given that the Empresa de Servicios Municipales de Limpieza de Lima (Lima Municipal Cleaning Services Corporation) was established by means of Decree-Law No. 22918 […,] its WINDING-UP should have been effected by means of an instrument of the same hierarchy, pursuant to Article 103 of the Constitución Política del Estado (Political Constitution of the State) and Article 23 of Law No. 24948, Ley de la Actividad empresarial del Estado (State Business Activity Act) […]. The purpose of said corporation (ESMLL) is the collection, transportation and final disposal of solid waste for the whole area under the jurisdiction of the Province of Lima; a service that is not only of high priority but also permanent in time; therefore, the WINDING-UP of said corporation may not be grounded on the completion of its purpose […]. As a result, the collective redundancy of the employees is null and void […] insofar as the single and only cause giving rise to the abovementioned redundancy was the dissolution and winding up of the Empresa de Servicios Municipales de Limpieza de Lima (ESMLL) (Lima Municipal Cleaning Services Corporation). This nullity may not be validated by the fact that the liquidators of said corporation informed the Sub-Dirección de Negociaciones Colectivas (Office of the Assistant Director for Collective Bargaining) of the Ministerio de Trabajo y Promoción Social (Ministry of Labor and Social Promotion), of the collective redundancy of the workers […]. That, since the violation of the constitutional right to work of the Empresa de Servicios Municipales de Limpieza de Lima (Lima Municipal Cleaning Services Corporation) staff[…] has been proved by means of the evidence on the record, it is necessary that the conditions which existed prior to the violation be restored […]. 204(87) On July 9, 1999, the Primer Juzgado Corporativo Transitorio Especializado en Derecho Público (First Provisional Corporate Court Specializing in Public Law) of the Corte Superior de Justicia de Lima (Supreme Court of Justice of Lima) ordered the Municipality of Lima to comply with the judgment rendered by the Tribunal Constitucional (Constitutional Court) on July 8, 1998.140 204(88) On July 23, 1999, the Municipality of Lima filed a brief with the Primer Juzgado Corporativo Transitorio Especializado en Derecho Público (First Provisional Corporate Court Specializing in Public Law) of the Corte Superior de Justicia de Lima (Supreme Court of Justice of Lima), arguing that the Tribunal Constitucional (Constitutional Court) had excluded in its decision former employees who collected their redundancy pay. Likewise, the Municipality stated that only one employee did not collect such redundancy pay.141 139 Cf. Judgment rendered by the Tribunal Constitucional (Constitutional Court) on July 8, 1998 (file of appendixes to the application, appendix 35, folio 1795). 140 Cf. Brief No. 24 presented by the State on October 24, 2005 (file of preliminary comments, merits, reparations and costs, Volume VIII, folios 2315 and 2316). 141 Cf. Brief No. 24 presented by the State on October 24, 2005 (file of preliminary comments, merits, reparations and costs, Volume VIII, folios 2315 and 2316).

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