Compassionate Appointment -- Applicant Crossing Age Limit Due to Delay by Employer -- Benefit cannot be denied on ground of age exceeded due to delay in processing application
National Coal Wage Agreement, Cl.9.3.4 -- Compassionate Appointment -- Applicant Crossing Age Limit Due to Delay by Employer -- Age eligibility for compassionate appointment must be reckoned as on the date of the application and not the date of its belated consideration, where delay in processing is attributable to the employer. Employer cannot defeat the claim of an otherwise eligible dependent by taking advantage of its own delay, and such applications must be decided expeditiously.
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