Court Did not Satisfy Suit of the Retired People from “Fero”
Tamta Kakauridze, Zestaponi
Former workers of the JSC “Fero-Alloy Factory” will remain without allowance. Zestaponi district court passed verdict on March 10, 2010 and did not satisfy the suit. The suitors requested to introduce amendments to the purchase agreement signed on December 13, 2006, to compensate the damage and to cover arears of their monthly allowances.
The request of the suitors relied on the concrete facts. They worked at the factory for several years and received monthly allowance. Since the “Georgian Manganets Ltd” purchased the enterprise, the workers lost their allowances.
According to the agreement signed on December 13, 2006 “Georgian Manganets Ltd” did not take responsibility to pay the debts to the suitors instead the Zestaponi Fero-Alloy Factory. However, according to the law, the new owner shall be responsible to pay allowance for the health injury caused by the professional activities. The Humanrights.ge published article about the topic two months ago: (see: http://www.humanrights.ge/index.php?a=article&id=4658&lang=en )
Attorney of the retired people Ia Darbaidze told the humanrights.ge that the JSC “Fero-Alloy Factory” has changed the owner several times; however, the former workers always received the allowances. The new owner – “Georgian Manganets Ltd” should have been responsible for it as well. The purchase agreement of the December 13, 2006 breached the human rights. The retired people were left without allowance.”
The purchase agreement states that the parties hid the existence of the third party. They hid that the enterprise had responsibility to pay the compensations to the former workers.
Based on the same agreement, the purchaser supposed the existence of the third party who could prove their complaint. In this case, the purchaser ensured his rights under articles 8.2 and 8.4 of the agreement. The articles state that if there is a third party, JSC “Fero” shall be responsible to compensate the injury. The requirement was in force before the liquidation of the “Fero”. It is estimated that the bankruptcy procedures of the JSC “Zestaponi Fero-Alloy Factory” finished on February 17, 2009. Consequently, responsibilities and rights of the “Georgian Manganets Ltd” were stopped in regard with the JSC “Fero”.
Since the Ltd had not taken the responsibility to pay debts to the suitors, the court did not satisfy their suit.
“The conclusions of the court about the purchase agreement does not comply with the agreement itself; just the opposite it contradicts the agreement requirements because the facts are exposed in the agreement in the different way,” said the lawyer Ia Darbaidze.
The suitors clarify that they will appeal to upper instances of the court and unless they find justice in the country, they will appeal to the European Court of Human Rights.
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