37. Transfer of staff of IAA to IANS
(a) Every person who is a member of the staff of the IAA working wholly or mainly in connection with air navigation service provision immediately before the vesting day shall, on that day, be transferred to and become a member of the staff of the IANS.
(b) Every person who is a member of the staff of the IAA who is not working wholly or mainly in connection with air navigation service provision immediately before the vesting day shall, on that day, remain a member of the staff of the IAA.
(i) Subparagraph (ii) applies where -
(I) a dispute arises in relation to whether a person is, or is not, working wholly or mainly in connection with air navigation service provision, or
(II) it cannot be determined whether a person is, or is not, working wholly or mainly in connection with air navigation service provision.