-92-
*
*
*
237. Finally, this group of judgments concerning dismissals as a result of staff
assessments includes the judgment rendered by the Sala Corporativa Transitoria
Especializada en Derecho Público (Corporate Provisional Chamber Specializing in
Public Law) on July 27, 1998 (supra para. 204(26)).
238. Regarding to this judgment, in its submission of closing arguments, the State
asserted that there is no way of relating the judgment with any dismissal or person
and that it does not contain any order whatsoever.
239. In relation to this, the Court considers that the aforementioned judgment of
July 27, 1998 affirmed the decision of the Primer Juzgado Transitorio Especializado en
Derecho Público (First Provisional Court Specializing in Public Law) (supra para.
204(26), which declared “Municipal Ordinance No. 117 and Mayoral Resolution No.
3746 and all actions by the Municipalidad Metropolitana de Lima (Metropolitan
Municipality of Lima) ensuing therefrom INAPPLICABLE to the plaintiff union and its
members.” In said judgment, it was stated that the ordinance and the resolution
“constituted a specific threat that to the constitutional rights claimed could be
affected.” In other words, this judgment could inure to the benefit to those SITRAMUN
workers who were dismissed pursuant to the aforementioned ordinance and
resolution, which were declared inapplicable.
240. However, there is nothing in the body of evidence in the case to prove that any
worker was dismissed pursuant to said ordinance and Mayoral resolution, in addition
to the fact that the Commission and the common intervener failed to indicate names
of alleged victims of non-compliance with said order of appeal for legal protection.
241. Therefore, non-compliance with the order of appeal for legal protection issued
by the Sala Corporativa Transitoria Especializada en Derecho Público (Corporate
Provisional Chamber Specializing in Public Law) on July 27, 1998 has not been
sufficiently proven since no person has been identified as an alleged victim and
beneficiary of such decision. However, due to the fact that it is a final decision, if Peru
dismissed any worker under the regulations found inapplicable, it must comply with
said order of appeal for legal protection .
B)
Judgments with respect to dismissals resulting from administrative
misconduct and from participation in demonstrations
242. This group of judgments comprise three judgments rendered by the Tribunal
Constitucional (Constitutional Court) on November 18, 1998, December 21, 1998 and
April 9, 1999 (supra para. 204(37)), declaring inapplicable the Municipalidad
Metropolitana de Lima (Metropolitan Municipality of Lima) Mayoral Resolutions which
directed the dismissal of the 14 plaintiffs. In said judgments, the Tribunal
Constitucional (Constitutional Court) ordered to reinstate 14 out of the 15 plaintiffs to
their jobs or similar positions “without back pay for lost wages.”
arguments and to the submission of clarifications regarding the alleged victims filed on November 25,
2005.
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