They criticize ruling that orders payment of S/3 million for “labor settlement”

Apparently the scandals in the institutions that administer justice in the Peru They are not only in the Public Ministry, but now it also affects the Judiciary, with an improbable ruling that goes against the laws themselves.

UNUSUAL

The case is linked to citizen Eliot Torres-Calderón Vargas, who maintained links with Foundry Callao SA, of a civil nature, issuing invoices for the provision of various external services such as Technical Furnace Repairs and Maintenance, Commission Sales, among others.

Torres-Calderón filed a labor lawsuit before the First Labor Court, which was dispatched by Dr. María Clavijo Arraija, requesting that he be recognized as a worker and paid an astronomical and unprecedented sum of S/ 7,880,802.65 soles for alleged labor benefits. An amount that, in the Peruvian reality, no official at the highest level would receive, much less a worker, even more so if he was never on the payroll.

In the first instance the Court declared the claim unfounded. Mr. Torres-Calderón appealed and the Labor Court declared the annulment of the sentence and ordered the untimely testimony of a witness, who without any new contribution made the judge change her opinion, who declared the claim partially founded and ordered the payment of S/. 2,834,672.05 which was inexplicably modified and increased by the Labor Court of Callao to the sum of S/ 3’251,150.10 soles (almost One million US dollars).

The company affected by this nonsense, Fundificación Callao SA, spoke out through its lawyer Roberto Quispe Morán (DNI No. 41225188), and submitted the evidence indicating that it was from the same Court that did not rule on two key arguments raised by this company.

He indicated that the payment made to Eliot Torres was not in the nature of remuneration, since it was never freely available to him and there could not be a continuous employment contract, since there were several months without payment.

Regarding the first argument, the Callao Labor Court, without explaining why, limited itself to saying that it could be Tax Fraud and regarding the second argument it said absolutely nothing.

COURSE FOR CAUSES

Quispe said that, in the face of these inconveniences, the Callao Foundry is filing an appeal for cassation, raising four grounds: 1st. Causal: Misinterpretation of the principle of primacy of reality, 2nd. Causal: for Apparent Motivation, 3rd. Causal: due to lack of Motivation and 4th. Causal: for requiring written contract conditions when the law does not require them.

“Thus, the Second Temporary Constitutional and Social Law Chamber of the Supreme Court, made up of judges Mariano Salazar Lizárraga, Dora Zoila Ampudia Herrera, Martín Eduardo Ato Alvarado, Luis Alejandro Lévano Vergara and Elisa Vilma Carlos Casas, declares our appeal only for the second and third grounds, and once the hearing was held, our appeal was declared unfounded, ruling on what was not a matter of pronouncement, this cause (the principle of primacy of reality) had been initially discarded, in addition to pointing out arguments that we did not raise. ”, he points out.

REASONS FOR SUSPECTS

The lawyer explains that, when reading the file that is in the archive of the aforementioned Supreme Court, “we noticed the existence of a reason, through which the notification assistant named Carlos Hinojo Rojo, reports that at the time of notifying he found the supreme executory ruling (sentence) that was notified to us and another supreme executory ruling with a different meaning of ruling, that is, another ruling that ruled in favor of Foundry Callao. Something irregular in any process.”

Likewise, it continues, “it was noted that there was no justification for the call of Judge Mariano Salazar Lizárraga, since he was part of a Civil Chamber, there being other magistrates from Chambers with the same specialty (Constitutional and Social), in addition, the signature of said magistrate is not appreciated. In the supreme execution, likewise, it is suspicious that the supreme execution was certified on a non-working day (12/30/2022) at 11:50:38 p.m., just before celebrating the arrival of the New Year, something incomprehensible.”

“Due to all these irregularities, on 12/28/2023, Fundificación Callao SA presented a criminal complaint to the National Prosecutor’s Office against the five Supreme Magistrates for the Crime of Prevarication. We hope that the authorities do not allow this nonsense,” the lawyer stressed.