E-MIN-LI-SHANG-ZI NO. 38 OF 2003

Appellant (Plaintiff): Liang Zhixin and other 340 retired staff from Hubei Tieshu Textile and Dyeing Group Ltd.

Representative: Liang Zhixin, Male, 62, Han ethnicity; Citizen of Suizhou; Retired staff of Hubei Tieshu Textile and Dyeing Group Limited; Resides at the Residential Zone of Hubei Tieshu Textile and Dyeing Group Limited.

Representative Liu Huanye, Male, 69, Han ethnicity; Citizen of Suizhou; Retired staff of Hubei Tieshu Textile and Dyeing Group Limited. Resides at the same address as the aforementioned.

Representative Qiu Zhenya; Male; 66; Han ethnicity; Citizen of Suizhou; Retired staff of Hubei Tieshu Textile and Dyeing Group Limited. Resides at the same address as the aforementioned.

Appellants Liang Zhixin and other 340 retired staff from the Hubei Tieshu Textile and Dyeing Group Ltd did not accept the civil verdict Sui-Li-Min-Zi No. 1 of 2003 of Suizhou City Intermediate People’s Court, and applied for leave to appeal. The appellants claimed that:

1. The Court of the First Instance was mistaken in holding that Hubei Tieshu Textile and Dyeing Group Limited had joined the social security programme and paid [workers] pensions before bankruptcy;

2. The Court of the First Instance invovked an incorrect interpretation on the application of law.

Therefore, the appellants requested the Court of the Second Instance to annul the civil verdict of the Court of the First Instance, and to grant leave of appeal.

After examination, the Court holds that according to the stipulation of Supreme People’s Court “Interpretation on Several Issues Concerning the Application of Law in Trials of Labour Disputes” Clause 1 Section (3), the People’s Court should accept the case when “there is a dispute between retired labourer (s) and former employer(s) on regarding the demand for payment of pensions, medical expanses, benefits of the labour insurance and other fees on social security. Yet in this case the Hubei Tieshu Textile and Dyeing Group Limited had joined the social security programme and paid pensions before bankruptcy. The demand of appellants Liang Zhixin and other 340 retired staff for the resumption of the enterprise’s pension is beyond the limits of the arbitration of the People’s Court. The Court’s original decision to reject the case is correct, and it should be affirmed. According to the “Procedural Law of People’s Republic of China” Clause 154, Section 158, the judgment is as follows:

The appeal is dismissed; the original judgment is affirmed.

This is the final judgment.

Judge:Hou Wangfa

Adjudicator: Huang Jianshe

Adjudicator: Yang Jihui

Adjudicator: Tong Renfa

Acting Adjudicator: Feng Xiaoyin

5 June 2003

Recorder: Zhong Hua