-58Assessment Program for the reinstated staff of the Municipalidad Metropolitana de
Lima (Metropolitan Municipality of Lima) were adopted.65
204(26) On January 19, 1998 the Primer Juzgado Corporativo Transitorio
Especializado en Derecho Público (First Corporate Provisional Court Specializing in
Public Law) admitted “the amparo for legal protection filed by SITRAMUN on behalf of
its member workers and, therefore, […] Ordinance [No. 117], Mayoral Resolution
[No. 3746 …] and all acts derived therefrom were found to be non-applicable to the
plaintiff union and the members thereof, whereby the situation was restored to its
former state.” This judgment was upheld on July 27, 1998 by the Sala Corporativa
Transitoria Especializada en Derecho Público (Corporate Provisional Chamber
Specializing in Public Law).66
204(27) On January 7, 2002 the 63° Juzgado Especializado en lo Civil de Lima (63rd
Specialized Civil Court of Lima) of the Corte Superior de Justicia de Lima (High Court
of Justice of Lima) ordered that Case file No. 3010-97, wherein judgment of July 27,
1998 (supra para. 204(26)) was rendered, be forwarded to the Depósito Transitorio
de los Juzgados Civiles (Civil Courts Provisional Safekeeping Office) to be
“temporarily archived”, since “over four months of non-suit have passed.”67
204(28) On June 23, 2001 Law No. 27487 “revoking Decree-Law No. 26093 and
authorizing the creation of Committees which would be charged with examining the
collective dismissals effected by the Public Sector”68 was published in the official
gazette. In Article 3 thereof on “Collective dismissals in the public sector and local
governments” it provided that:
Public sector institutions and government agencies, state companies which are not
subject to private investment promotion processes, as well as local governments and
municipal entities shall create Special Committees composed of representatives both of
such institutions, agencies, companies and government entities, and of the workers
thereof, within 15 (fifteen) running days as from the effective date of this Law and which
will be charged with reviewing the collective staff dismissals resulting from the staff
assessment processes under Decree-Law No. 26093 or from reorganization processes
authorized by express legal regulations.
Likewise, it provided that the above Special Committees should draw up “a report
containing a listing of the workers who have been irregularly dismissed, if any, as
well as recommendations and suggestions to be implemented by the Head of the
Sector or the local government.”
65
Cf. Lima Municipal Ordinance No. 117 of July 4, 1997; and Lima Mayoral Resolution No. 3746 of
October 21, 1997 (case file with appendixes to the application brief, appendix 34, folios 1732, 1733,
1737-1746).
66
Cf. Judgment rendered by the Primer Juzgado Corporativo Transitorio Especializado en Derecho
Público (First Corporate Provisional Court Specializing in Public Law)Provisional on January 19, 1997; and
judgment rendered by the Provisional Sala Corporativa Transitoria Especializada en Derecho Público
(Corporate Provisional Chamber Specializing in Public Law) on July 27, 1998 (case file with appendixes to
the application brief, appendix 34, folios 1737-1743).
67
Cf. Order issued on January 7, 2002 by the 63° Juzgado Especializado en lo Civil de Lima (63th
Specialized Civil Court of Lima) of the Corte Superior de Justicia de Lima (High Court of Justice of Lima)
(case file on preliminary objections and merits of the case, reparations and costs, volume VIII, folio
2410).
68
Cf. Final report of the Multi-sector Committee of March 2002 (case file on preliminary comments,
reparations, and costs, volume VIII, folios 2563 to 2613).