El 11 de diciembre de 2014, la Corte Suprema de Justicia de la Nación, falló en la causa de la referencia, resolviendo -por mayoría- dejar sin efecto lo resuelto en la instancia anterior por la Sala VIII de la Cámara Nacional de Apelaciones del Trabajo, la cual había confirmado lo resuelto en primera instancia, rechazando la indemnización establecida en el art. 52 de la ley 23.551 para los supuestos de violación de la garantía de estabilidad que ampara a los dirigentes gremiales, demandada oportunamente por quien ocupó el cargo de «revisor de cuentas suplente» de una asociación gremial simplemente inscripta. Contra tal pronunciamiento el vencido dedujo el recurso extraordinario cuya denegación dio origen a la queja examinada por la Corte.
Para así decidir, el Máximo Tribunal sostuvo que las deficiencias advertidas por la Cámara en el recurso de apelación interpuesto por el interesado, sobre cuya base fundó su decisorio (es decir, que «el cuestionamiento que realizó el quejoso a la validez constitucional del régimen jurídico aplicable… no fue materia de debate en la oportunidad de la traba de la litis», rigiendo por ello la limitación dispuesta por el art. 277 del Código Procesal Civil y Comercial de la Nación) “no constituyen, en el caso, un obstáculo insalvable para la admisibilidad de la pretensión recursiva”.
A partir de ello, determina que “Los agravios del remedio federal que objetan lo resuelto en torno a la desestimación del planteo de inconstitucionalidad son procedentes”.
Tal decisión coincide con la solución dada en el precedente «Rodríguez Pereyra» (Fallos 335:2333, considerandos 6° a 13), a cuyas consideraciones y conclusiones la Corte remite en razón de brevedad.
Concluye así en la procedencia del descarte de la solución consagrada en el fallo apelado “en la medida en que el tribunal se abstuvo de examinar la constitucionalidad del precepto impugnado en estas actuaciones so pretexto de infringir los términos en que quedó trabada la litis.”
Resuelve por ello hacer lugar a la queja deducida y al recurso extraordinario interpuesto, dejando sin efecto la sentencia apelada, con costas (art. 68 del Código Procesal Civil y Comercial de la Nación).
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