-68-
D.2)
Compensation Benefits
204(60) The SITRAMUN filed an appeal for legal protection against the Municipality
of Lima, requesting compliance with collective bargaining agreements entered into
between 1989 and 1995. On December 13, 1996, the Sexto Juzgado Civil de Lima
(Sixth Civil Court of Lima) sustained the complaint, ordering:
The Municipalidad de Lima Metropolitana (Municipality of Metropolitan Lima) to comply
with the Collective Bargaining Agreements entered into with the Lima Municipal Workers
Union - SITRAMUN, from 1989 to 1995, which directly affect wages, allowances,
bonuses and other employee benefits, and likewise to pay the workers who are
members of that union the amounts due for such items during 1992 through 1995, an
average of twenty four thousand, one hundred seventy-six and twenty (24,176.20)
nuevos soles for each worker as well as unpaid monthly wages from September through
December 1995. 105
204(61) On November 18, 1998, the Sala Corporativa Transitoria Especializada en
Derecho Público (Corporate Provisional Chamber Specializing in Public Law) rendered
judgment, affirming the decision of the Sexto Juzgado Civil de Lima (Sixth Civil Court
of Lima) of Lima entered on December 13, 1996.106
204(62) The Municipality paid part of the outstanding amounts due for October,
November and December, 1995107 to some former employees, alleged victims in this
case, and paid off the total debt in respect of one of them.108
204(63) On November 17, 2004, the Primer Juzgado Especializado en lo Civil (First
Court Specializing in Civil Matters) of the Corte Superior de Justicia de Lima
(Supreme Court of Justice of Lima) issued Decision No. 63, declaring that the order
of the appeal for legal protection of November 18, 1998 (supra para. 204(61) inures
to the benefit “of those workers who were members of the SITRAMUN LIMA at the
time the complaint was filed”, and included considerations regarding the procedure
to determine which individuals would be entitled to such benefit.109
E)
REGARDING TO THE LAND LOCATED IN THE DISTRICT OF LA MOLINA
105
Cf. Judgment rendered by the Sexto Juzgado Civil de Lima (Sixth Civil Court of Lima) on
December 13, 1996 (file of appendixes to the application, appendix 36, folio 1802).
106
Cf. Judgment rendered by the Sala Corporativa Transitoria Especializada en Derecho Público
(Provisional Corporate Chamber Specializing in Public Law) on November 18, 1998 (file of appendixes to
the application, appendix 36).
107
Cf. Statement by witness Juan de Dios Berrospi-Pérez (file of preliminary objections, merits,
reparations and costs, Volume V, folios 1517-1522).
108
Cf. Statement by witness Yeni Zully Cubas-Santos (file of preliminary objections, merits,
reparations and costs, Volume V, folios 1523-1528).
109
Cf. Order No. 63 rendered on November 17, 2004 by the Primer Juzgado Especializado en lo Civil
(First Court Specializing in Civil Matters) of the Corte Superior de Justicia de Lima (Supreme Court of
Justice of Lima) (file of appendixes of preliminary objections and possibly merits, reparations and costs,
Volume VIII, folio 2657).