-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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