The “Working Procedure Act” gives trade unions the legal representation of workers falling within the scope of conflicts, disputes or claims which may arise in defense of their rights; FOURTH: That the application for enforcement action opened on November 12, two thousand and one by Edgar Rojas Vela Tuesta Sifuentes and second in his capacity as Secretary General and Secretary of Defense Regional Executive Committee of the Federation of Clerical Workers Education Sector a “Regional FENT San Martin, whose representation is common ground with the documents referred to in the second recital, the raise in their own right and on behalf of 1445 Education administrative workers of the San Martin Region requesting an order for the implementation of the Regional Director’s Resolution number 0159-DRESM dated August 29, two thousand one and pay them: 1) the special bonus provided for under the Emergency Ordinance Nu 037-94, PCM, and 2) the payment of reimbursements for accrued FIFTH:
That, number one resolution dated November 26, two thousand one, on pages eighties, the judge agreed to process the transfer application to run the defendants and by a misinterpretation of the request, in an act of generosity of Judge is included as a respondent to the Public Prosecutor, Ministry of Economy and Finance however lack of legitimate economic or moral to act; SIXTH: That the Public Attorney Ministry of Economy and Finance by letter of one hundred thirty-six folio, dated December 20, two thousand one, absolves the transfer of the demand, and follows the annulment of Resolution number one dated twenty-three November two thousand and one at the end that has l0 support enforcement action against the Ministry of Economy and Finance, sustaining its request on the fact that the plaintiffs have not sued the Ministry of Economy and Finance, for administrative workers in the sector be education in the region San Martin, no relation to that Ministry, which, in the same letter proposes exceptions:
Lack of standing of the defendant, b) lack of standing of the applicant, c) representation or defective defendant insufficient d) Lack of prior exhaustion of admissible routes for resolution of one hundred forty-six folio; SEVENTH .- That the lack of standing by the Ministry of Economy and Finance, is deducted from declared invalid by the Attorney Public and not active participants in the process under Article VI of the Preliminary Title of the Civil Code, is exclude from the process, protecting the invalidity positively deducted for their part of the Resolution number one in the end proposed, this being so, the proposed exceptions is improper; EIGHTH .- That, in the case, it is necessary to clarify the scope of the article and sixty nine in Constitutional Procedure Code which states that the a para origin of the compliance process will require that the applicant has previously claimed by a certain date document, compliance with legal or administrative duty, and that the authority has confirmed in its failure has not responded within ten working days after the filing.