-56204(19) On January 28, 2000 the Primer Juzgado Corporativo Transitorio
Especializado de Derecho Público (First Corporate Provisional Court Specializing in
Public Law) issued an Order, whereby it requested the Municipalidad de Lima
(Municipality of Lima) to comply with the enforceable judgment rendered by the
Tribunal Constitucional (Constitutional Court) on August 20, 1999 (supra para.
204(17)).59
204(20) On November 4, 1996 the Municipalidad Metropolitana de Lima
(Metropolitan Municipality of Lima) issued Mayoral Resolution No. 3364, wherein it
set forth a new staff assessment program for such Municipality, to be carried out
during the second semester of 1996, which was scheduled for November 11-15,
1996 for the assessment of employees and for November 18, 1996 for the
assessment of workers, and adopted the Bases for such assessment program
contained in Attachment 1 to the foregoing Resolution. Such Resolution and
Attachment 1 thereto were published in ““El Peruano”” official gazette on November
9, 1996.60
204(21) Within the framework of the assessment programs carried out in the second
semester of 1996, on December 5, 1996 the Municipality of Lima issued Mayoral
Resolution No. 3776, whereby it dismissed 318 workers on the grounds of
redundancy because they “had not qualified in the above assessment process”
“pursuant to the provisions contained in the foregoing Assessment Program Bases of
the Municipalidad Metropolitana de Lima (Metropolitan Municipality of Lima).”61
204(22) Sixty-eight out of all the workers who had been dismissed filed appeals for
legal protection [protection of constitutional guarantees and rights] requesting, inter
alia, that Mayoral Resolution No. 3776 (supra para. 204(21)), as well as all the
administrative acts derived therefrom, be found non-applicable. Finally, said appeals
for legal protection [protection of constitutional guarantees and rights] were found to
be admissible by two judgments delivered by the Sala Corporativa Transitoria
Especializada en Derecho Público (Corporate Provisional Chamber Specializing in
Public Law) on September 23, 1998 and on June 23, 1999.62 The judgments
rendered by the above Chamber declared “Mayoral Resolution No. 3776 not
applicable to the [174] plaintiffs [and] joint plaintiffs” and ordered that the
“respondent reinstate all of them to their jobs, under the same conditions and with
the same rights and benefits they were entitled to until the time they were
dismissed, reserving the right of the plaintiffs and of the joint plaintiffs to require via
the pertinent proceedings the back payment of lost wages and other benefits from
the date they were dismissed to the date they were effectively reinstated to their
jobs.” The Sala Corporativa Transitoria Especializada en Derecho Público (Corporate
Provisional Chamber Specializing in Public Law) based its decision to find the appeals
59
Cf. Order issued by the First Corporate Provisional Court Specializing in Public Law on January 28,
2000 (case file with appendixes to the application brief, appendix 20, folio 1277).
60
Cf. Lima Mayoral Resolution No. 3364 of November 4, 1996 (case file with appendixes to the
application brief, appendix 22, folio 1329).
61
Cf. Lima Mayoral Resolution No. 3776 of December 5, 1996 (case file with appendixes to the
application brief, appendix 22, folio 1333).
62
Cf. Judgments rendered by the Provisional Sala Corporativa Transitoria Especializada en Derecho
Público (Corporate Provisional Chamber Specializing in Public Law) on September 23, 1998 and on June
23, 1999 (case file with appendixes to the application brief, appendixes 22 and 23, folios 1338 and 1365).