48. Similar to section 11 of the Pension Act in that the provision merely gave the Minister power to take a certain course of action, the said section 294 of the CP & EC, the subject of the Chinthiti Case, read as follows: - Subject to subsection (2) all criminal trials before the High Court shall be by jury. The Minister may direct that any case or class of case shall be triable by the High Court without a jury. 49. This Court concurs with the Defendants that, the fact that section 11 of the Pension Act grants power to the Minister to exempt certain categories of employees from the mandatory occupational pension scheme does not make section 11 of the Act inconsistent with the principles of national policy in section 13, the right to equality in section 20, the right to development in section 30 and the right to fair and safe labour practices in section 31 of the Constitution. This is demonstrated below. Examination of section 11 of the Pension Act against the Constitution Section 20 of the Constitution – Right to Equality 52. Section 20 of the Constitution provides as follows: - (1) Discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition. Page 20 of 45