40. On whom award binding

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(1)

An award determining a trade dispute shall be binding on —

(a)

all parties to the trade dispute who appeared or were represented before the Court;

(b)

all parties to the trade dispute who were summoned or notified, either personally or as prescribed, to appear as being parties to the trade dispute;

(c)

all trade unions and persons who, having been notified either personally or as prescribed, of the trade dispute and of the fact that they were alleged to be parties to the trade dispute, did not, before the conclusion of the hearing of the trade dispute, satisfy the Court that they were not parties to the trade dispute;

(d)

any successor to, or any transferee, assignee or transmittee of, the undertaking of an employer who was a party to the trade dispute or of an employer bound by the award, including any corporation which has acquired or taken over the undertaking of such an employer;

(e)

any successor to a trade union which was a party to a trade dispute;

(f)

all trade unions and persons upon whom the award is declared to be binding by order made by the Minister under section 41; and

(g)

all members of a trade union bound by the award.

(2)

Where an employer bound by an award has ceased to carry on an undertaking on any premises and another person commences to carry on an undertaking of the same kind on the same premises, that person shall, for the purpose of this section, be deemed to be a successor to the undertaking of the employer bound by the award.