-76204(89) On August 8, 2003, the 64º Juzgado Civil de Lima (64th Civil Court of Lima)
issued Order No. 222,142 determining, inter alia, two groups of employees: those who
“have collected their social benefits, whether directly or through deposit in court
[and, therefore,] following the rule set by the Tribunal Constitucional (Constitutional
Court) in its Order, in its strict sense, such plaintiffs have terminated their
employment relationship with the defendant;” and those who, despite the deposit in
court made by the Winding up Committee of the ESMLL, were not deemed to have
collected the social benefits, for several reasons, such as lack of notice of the deposit
in court, the request made to labor courts for the return of the deposit, and the
objection to the deposit in court. The Order was to reinstate 56 employees, alleged
victims in the instant case, and denied reinstatement concerning of 217 employees.
The Primera Sala Civil (First Civil Chamber) of the Corte Superior de Justicia de Lima
(Supreme Court of Justice of Lima), in its decision of December 9, 2004, affirmed
Order No. 222 inasmuch as it deems the objection partly groundless and orders to
reinstate the 56 workers.143 An appeal, which was granted without a stay on
September 18, 2003, against Order No. 222, inasmuch as it denied reinstatement of
217 employees of the ESMLL, is still pending.
204(90) On June 10, 2004, the Concejo Provincial de Lima (Provincial Council of
Lima) issued Agreement-in-Council No. 166, approving “the legislative initiative
known as ‘Bill declaring the dissolution and winding up of Empresa de Servicios
Municipales de Limpieza de Lima (ESMLL) (Lima Municipal Cleaning Services
Corporation) ESMLL’ for approval by the Congreso de la República (National Congress
of Peru).”144
204(91) On June 20, 2005, Julio César Morales, legal expert, as ordered by the 64º
Juzgado Civil de Lima (64th Civil Court of Lima) on June 13, 2005, appeared
together with the interested parties in the Staff Office of the Labor Relations
Department of the Municipality of Lima, for the purpose of demanding compliance
with the order to reinstate 28 workers, laid down in Order No. 222 of August 8, 2003
and affirmed by the Order of December 9, 2004 (supra para. 204(89).145 The legal
expert drew up a record of the proceeding. On August 3, 2005, said legal expert
returned to the Office mentioned above to demand the reinstatement of another 7
workers. In both instances, the Head of the Labor Relations Department of the
Municipality, at the time the records were being drawn up, stated that he was faced
with a “legal impossibility” to proceed to the aforementioned reinstatement of the
workers.146
142
Cf. Order No. 222 rendered by the 64th Civil Court of Lima on August 8, 2003 (file of appendixes
to the answer to the application, appendix 69, folio 4477).
143
Cf. Judgment rendered by the First Civil Chamber of the Supreme Court of Justice of Lima on
December 9, 2004 (file of preliminary comments, merits, reparations and costs, Volume IV, folio 1110).
144
Cf. Council Agreement No. 166 of June 10, 2004 (file of appendixes to the submission of final
arguments by the common intervener, appendix 108, folio 6123).
145
Cf. Reinstatement record of 28 workers of June 20, 2005 (file of preliminary objections, and
merits, reparations, and costs, Volume VII, folio 2081).
146
Cf. Reinstatement record of 7 workers of August 3, 2005 (file of preliminary objections, and
merits, reparations, and costs, Volume VII, folio 2087).
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