KCC 126/2006

This case involved a request for an expert to be appointed to calculate a pension for an employee who had received severance pay but not a pension. It was wrongly argued litigation procedures had not been properly followed and the case had been referred to the wrong court. This was incorrect because the court to which the case had been referred was restricted by the referral ruling.

Background

A claimant filed a case against the General Institution of Social Insurance and requested the court appoint an expert to calculate his retirement salary. The claimant stated he used to work in the Ministry of Defence and had severance pay but not a retirement salary.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and he had maintained before the court that the Plenary Court to which the case had been referred did not follow to the rules of mandate stipulated by Article 109 of the Law of Social Insurance.