-93243. The Court notices that, with respect to the compliance with the aforementioned
orders of amparo of November 18, 1998 and April 9, 1999 issued by the Tribunal
Constitucional (Constitutional Court), the court in charge of their enforcement ordered
the Municipality to comply with the reinstatement (supra para. 204(38)).
244. Based on the foregoing considerations and on the body of
the Court has determined that the State has not complied with
the Tribunal Constitucional (Constitutional Court) on November
21, 1998 and April 9, 1999, therefore incurring in an unjustified
years in the compliance with these final orders of amparo.
evidence in the case,
the orders issued by
18, 1998, December
delay of six to seven
245. In accordance with the explanations in paragraph 227 hereinbefore, the victims
of the non-compliance with these three orders of amparo are the fourteen persons
identified as plaintiffs in favor of whom said orders were issued and who are included
in the list of victims attached hereto.
C)
Judgments on dismissals for striking declared illegal.
246. This group of judgments encompasses, on one hand, the decision rendered by
the Sala Corporativa Transitoria Especializada en Derecho Público (Corporate
Provisional Chamber Specializing in Public Law) on November 16, 1998, whereby it
affirmed the judgment rendered by the court of original jurisdiction, which had
decided to “void of all legal effects” Mayoral Resolution No. 575 of April 1, 1996 “that
declare[d] the illegality of [a] strike called by the […] SITRAMUN” “with all the other
provisions therein”, “ordering the back payment of compensations to those civil
servants that have been affected” (supra para. 204(42)). The amparo for legal
protection was filed by the Union for the benefit of all its members.
247. In its closing arguments brief, the State stated that there is no way said
judgment can be associated with any dismissal or with any individual person and that
it does not include any order and, consequently, it requested that the judgment be
excluded from the instant case.
248. In this respect, the Court points out that the abovementioned judgment
includes a general order that should be fulfilled with respect to all those SITRAMUN
members who were dismissed under Mayoral Resolution No. 575, and that the
beneficiaries thereof are individuals that can be determined. Although the judgment of
November 16, 1998 does not order the reinstatement of plaintiffs, it does order that
the affected workers be paid their compensations. Furthermore, in the second
whereas clause it stated “[…] the purpose of these proceedings is limited to restore
things to the position they had before the breach […].” The logic consequence of the
abovementioned is the reinstatement of said workers to their jobs.
249. As regards the determination of the beneficiaries of said judgment of
November 16, 1998, in the application the Commission pointed out that the alleged
victims were 288 persons. The Court has verified that 45 persons out of such group
must benefit by the compliance with said judgment of November 16, 1998, since they
have submitted to the Court copies of the resolution whereby they were dismissed,
which proved they were dismissed under Resolution No. 575. The Court considers said
45 persons to be victims, and their names are included in the list of victims attached
hereto.
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