Court Passed Verdict in Favor of Citizen but It Is Not Executed

Tamar Kakauridze,Terjola

Successor Company of “DzevrulHES” does not execute the court decision and refuses to compensate damages to former employee. Unpaid debts amounted to 12 000 GEL.

Former employee of “DzevrulHES” Anzor Panchulidze appealed to Terjola district court two years ago - on July 23, 2008. According to his suit against JSC “Energy XXI“Anzor Panchulidze worked as an electrician for “DzevrulHES” where he received professional trauma as a result of accident in the enterprise.

On September 19, 2006 medical-social expertise concluded that Panchulidze got disabled at 80% because of his professional activities; he received monthly allowance during one year (according to the Article 2, Paragraph 1 of the resolution # 53 on Reimbursement of Health Damages Caused by Professional Trauma” issued on March 24 2007 by the government of Georgia). Allowance for Damage granted based on resolution # 48 on Reimbursement of Health Damages Caused by Professional Trauma issued by the President of Georgia on February 9, 1999  shall be executed by the employer or its legal successor.

Irine Makhatadze, attorney of Anzor Panchulidze: “Panchulidze had his allowance stopped since September 19, 2007 because he did not have status of disabled person anymore. On May 8, 2008 Anzor Panchulidze took medical examination again and he was given lifelong status of disabled person. After this we applied to JSC “Energy XXI” again as it was legal successor of “DzevrulHES” to renew the allowances but they refused. More precisely, they said Anzor Panchulidze was granted pension only for one year; year later he could continue working and did not deserve compensation. They closed his case and sent to archives. Consequently, JSC “Energy XXI” did not recognize results of medical examination at JSC “Terdjola Hospital” on March 8 2008 and refused to continue assisting Anzor Panchulidze.

Terdjola district court sent the case to Tbilisi City Court without discussion because legal address of the defendant is in Tbilisi.

Based on the confirmed factual legal examination, Tbilisi City Court concluded that the suit of Anzor Panchulidze is legal and well-grounded and it must be satisfied. According to the court judgment of March 16, 2008, JSC “Energy XXI” as legal successor of “DzevrulHES” is obliged to pay allowance to Anzor Panchulidze since September 19, 2007. Despite court decision JSC “Energy XXI“has not paid money so far.

Anzor Panchulidze: “Court imposed JSC “Energy XXI” to pay money to me, but I have not received even one lari so far. They even do not say if they intend to pay the compensation. My situation is very complicated. I am 80% disabled. I could not appeal to the court again. We tried to connect with JSC “Energy XXI” several times but nobody answers our phone calls in the organization. I could not go to Tbilisi. I do not hope I will ever receive money.”

Although the debt of JSC “Energy XXI” has already reached 12 000 GEL, organization does not hurry to pay its debts.