Page 82 - World Of Nurol Magazine 35
P. 82

APRIL 2024      35. ISSUE



         Şakir to start working. On February 2, 1991, I commenced my   for use in constructing the İskenderun-Toprakkale Highway.
         role as a lawyer at Nurol. It was a completely new world for   Since the site was designated for mining, a criminal
         me, filled with unfamiliar events, people, and relationships.   complaint was also filed against our bosses with the Public
         Adapting to this environment was not easy. And now, this is   Prosecutor's Office, leading to a lawsuit in criminal court.
         my 33rd year without interruption at Nurol.          Mr. Şakir personally handled these legal proceedings, from
                                                              which I gained valuable insights. Even though 25 years have
         Nurol has provided me with experiences that not every
                                                              passed, I still pass these files on to my fellow interns for their
         individual, nor every lawyer, can encounter. Throughout this
                                                              review.
         journey, I have always received incredible support from Mr.
         Nurettin, the late Mr. Erol, and Mr. Oğuz in all aspects.  The  Bahçeşehir  Project,  conducted  in  collaboration  with
                                                              Mesa  and  Zer  companies,  was  successfully  completed.
         Throughout  my  33-year  journey,  I've  had  the  privilege
                                                              However, a dispute arose with the employer regarding
         of working with exceptional individuals and seasoned
                                                              the  final  accounts.  Consequently,  we  filed  a  lawsuit
         executives. I'm deeply thankful to my mentors, who
                                                              with the arbitration committee in accordance with the
         generously shared their life experiences and professional
                                                              contract. Mr. Şakir served as the coordinator for this case,
         expertise. I extend my heartfelt respect to those still with
                                                              while I participated in overseeing the processes. Lasting
         us and remember those who have passed with mercy and
                                                              approximately two years, this case also contributed to my
         prayers.
                                                              professional growth significantly.
                                                              I  was  the  coordinator  in  the  Ayaş  Tunnel  case,  a  project
         COULD YOU SHARE YOUR SHORT AND                       tendered in 1976 and contracted in  1977, yet remained
         LONG-TERM PLANS FOR YOUR LIFE                        incomplete by 2014 due to administration-related issues. It
         JOURNEY?                                             was quite a difficult case in terms of its legal nature and
                                                              scope. In 2001, the administration issued a directive halting
         Having worked at Nurol for 33 years, and with a total of 36
                                                              construction and prohibiting any  production  activities,
         years in the workforce, including the 3 years before joining
                                                              except for water discharge from the tunnel. Claiming that
         Nurol, represents a lengthy duration. However, rather than
                                                              the administration terminated the contract with eylemli
         dwelling on the duration of this period, I'm more concerned
                                                              fesih, I initiated a lawsuit to recover the costs incurred for
         about the challenges facing our justice system and the
                                                              completed works and productions up to that point, as well
         judicial community in our country, which often leave me
                                                              as the profits our company was deprived of.
         feeling weary and disheartened. In the short term, I plan to
         settle in Ayvalık and spend more time with my grandson.   Prior to initiating the lawsuit, I conducted extensive research
         With a deep love for nature, especially in our diverse   and consulted with numerous academics and colleagues,
         country, I eagerly seek opportunities to explore its beauty.   none of whom were optimistic about our claim for loss
         There are still countless hidden gems across Türkiye that I   of  profit.  Despite  the  discouragement,  I  proceeded  with
         have yet to discover. As a long-term goal, I want to visit   the lawsuit. After approximately two years of trial, the
         these captivating destinations.                      court  of  first  instance  ruled  in  our  favor  on  both  claims.
                                                              Subsequently, upon the request of the administration, the
         WHAT WAS THE MOST SIGNIFICANT                        case was brought before the Court of Appeal. Following
         CASE YOU HANDLED DURING YOUR                         nearly a year of proceedings, the Court of Appeal rejected
         PROFESSIONAL CAREER? COULD YOU                       our  claim  for  loss  of  profit  and  significantly  reduced  the
         PLEASE SHARE SOME DETAILS?                           production cost to a mere tenth of our initial demand. I was
                                                              devastated. I don't even want to remember the moment
         To me, every case—each with its unique scope and nature—  I told Mr. Nurettin about the situation and my state. As
         is significant, and I do not distinguish between them when   always,  Mr.  Nurettin  showed  his  wisdom,  reiterated  his
         asked  for  an  opinion.  However,  in  terms  of  professional   trust in me, and gave me incredible morale and strength.
         activity and satisfaction, I would like to highlight three cases:   Ultimately, the Court of Cassation overturned the decision
         the disputes with subcontractor Kurmeller Madencilik during   of  the  Court  of  Appeal  and  ruled  in  favor  of  the  figures
         the construction of the Toprakkale-İskenderun Highway, the   outlined in the initial court decision. This outcome not only
         Bahçeşehir Project, and the Ayaş Tunnel.             ensured compensation for the damages incurred by our
                                                              company but also signified the judicial acceptance of the
         The  Kurmeller  case  was  a  compensation  lawsuit  filed  in   completed work. Professionally, this case stands as the most
         Osmaniye against Nurol İnşaat, alleging the unauthorized   satisfying experience I have encountered.
         extraction of materials from Kurmeller's licensed mining site


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