A division bench of Chief Justice Mohit Shah and Justice M S Sanklecha was hearing a public interest litigation, filed by lawyer Datta Mane on the strikes declared by the members of Maharashtra State Chemist and Druggist Association.
The PIL was filed last year when the association had declared to go on strike protesting action initiated against errant chemists by the FDA for not complying with rules prescribed in the Drugs and Cosmetics Act.
"The chemists and drug store owners are facing the same difficulties. It has increased now with the FDA imposing fine on the chemists if the pharmacist is not present in the shop even for an hour or two. FDA has also issued notices to several chemists saying that if the store is kept open for more than eight hours then two pharmacists should be appointed," Kulkarni said.
Under the rules, a pharmacist has to remain present in a drug store so as to curtail sale of prescription medicines over the counter.
"The pharmacist can be in the shop in the morning and evening and can take a break in the afternoon," the court said.